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