Supreme Court dismisses appeal regarding non-termination ban when employee is still sick but reports to work.
Legislator summary
AI generatedThe Supreme Court dismissed the cassation appeal, remanding the case to the Court of Appeal for a new decision on costs. The lower court awarded damages for wrongful termination and corrected the employment certificate after the employee, who was still sick, reported to work to interrupt the statutory notice period. The court rejected the employer's argument that the ban on non-terminated contracts applies only when the employee is absent, ruling that the ban does not apply if the employee is still unable to work but reports to work to interrupt the notice period.
Legislator headnote
AI generatedArt. 53 § 3 KP; Art. 382, 386 § 4 KPC; The prohibition on terminating an employment contract without notice does not apply if the employee is still unable to work due to illness but reports to work in order to interrupt the period entitling the employer to terminate the contract.