II UKN 508/98
AI generated
Supreme Court allows compensatory pension claim including lost night shift and hazardous work wage increases.
Legislator summary
AI generatedThe Supreme Court dismissed the appellant's cassation appeal regarding a compensatory pension claim. The lower courts established that plaintiffs would have earned higher wages if they had continued working night shifts, holidays, and hazardous conditions at the coal mine. The Court ruled that the pension must account for the lost opportunity to earn these specific additional wages as part of the disability compensation.
Legislator headnote
AI generatedArt. 444 § 2 KC; Art. 393 § 1 KPC: The compensatory pension must include the lost opportunity to earn increased wages from night work, holidays, and hazardous conditions, as the law does not limit compensation to basic salary components.
Keywords
AI generated
compensatory pension
disability compensation
night shift wages
hazardous work conditions
lost earning capacity
cassation appeal
coal mine employment
Cited Legislation
AI generatedArt. 444 § 2 KC
Art. 393 § 1 KPC
Art. 393 § 2 KPC