Misuse of social insurance benefits alone is not a serious breach of employee duties unless it contradicts the purpose of sick leave.
Poland (PL)
Legislator summary
AI generatedThe Supreme Court quashed the lower court's dismissal of the employee's claim to return to work, finding the initial ruling flawed. The employee was caught stealing and drunk while on sick leave, but the court distinguished between using social insurance and the duty to recover health. The court held that while using benefits is not inherently a breach, acting contrary to the purpose of sick leave can constitute a serious violation of loyalty and work obligations.
Legislator headnote
AI generatedArt. 52 § 1 pkt 1 KP; Although the use of social insurance benefits is legally separate from employment duties, an employee on sick leave who engages in acts contradicting the goal of recovery, such as theft or intoxication, may be found to have seriously breached their duty of loyalty and obligation to work.