Delayed notification of absence not a serious breach if no work disruption occurred under Labor Code.
Legislator summary
AI generatedThe Supreme Court dismissed the appeal against a labor court decision that reinstated an employee after dismissing him for delayed notification of absence. The lower courts found the employee fell ill, was injured at home, and only notified the employer after receiving a medical certificate, causing no work disruption. The court ruled that the employer's regulation did not classify delayed notification as a serious breach and that the lack of organizational damage justified reinstatement.
Legislator headnote
AI generatedArt. 52 § 1 pkt 1 KP; Art. 393 § 11, 12 KPC: Delayed notification of absence constitutes a serious breach of employee duties only if it causes significant work disorganization or involves gross negligence, otherwise the employer cannot unilaterally terminate the contract.