Legislator Case Law & Legislation
I PKN 44/00 AI generated

Employee's work during illness without doctor's consent violates duty of care, even if employer gains profit.

Case Number I PKN 44/00
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Supreme Court dismissed the employee's cassation appeal regarding his reinstatement to work. The court found that performing duties contrary to medical advice during sick leave constitutes a violation of the duty of care, regardless of any incidental financial benefit to the employer. Consequently, the lower court's decision to reinstate the employee was upheld as legally correct.

Legislator headnote

AI generated

Art. 211 pkt 5 KP; art. 100 § 2 pkt 3 KP: Performing work contrary to medical recommendations during sick leave violates the employee's duty of care for the employer's welfare, even if the employer inadvertently gains economic benefit.

Keywords

AI generated
duty of care sick leave obligations medical recommendations employer welfare violation of contract reinstatement appeal labor law

Cited Legislation

AI generated
Art. 211 pkt 5 KP
Art. 100 § 2 pkt 3 KP
Art. 393 § 12 KPC

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