Legislator Case Law & Legislation
I PKN 161/99 AI generated

Labor law ruling: sick leave period does not count toward the 6-month tenure requirement for termination without notice.

Case Number I PKN 161/99
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Supreme Court dismissed the plaintiff's cassation appeal regarding the termination of his employment contract without notice due to illness. The court found that the plaintiff had worked for the employer for less than six months before falling ill, and the employer's termination was lawful under the Labor Code. The court rejected the argument that the sick leave period should be added to the tenure, ruling that such an interpretation would create an unjustified privilege for long-term sick workers.

Legislator headnote

AI generated

Art. 53 § 1 pkt 1 lit. a KP; Art. 41 KP: The period of inability to work due to illness does not count towards the six-month tenure requirement for terminating a labor contract without notice; only actual employment with the specific employer counts.

Keywords

AI generated
Labor Code termination sick leave period tenure calculation notice period inability to work employer rights labor protection

Cited Legislation

AI generated
Art. 53 § 1 pkt 1 lit. a KP
Art. 41 KP
Art. 393 § 1 KPC

Cited Case Law

AI generated
I PZP 18/77

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