Legislator Case Law & Legislation
I PKN 244/00 AI generated

Hiding disability status to avoid medical contraindications constitutes a serious breach of employment duties under Polish law.

Case Number I PKN 244/00
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Supreme Court dismissed the employee's cassation appeal regarding wrongful termination and overtime pay claims. The court found that concealing a disability classification to mislead the employer about medical contraindications to work is a serious breach of basic employee obligations. Furthermore, the court ruled that Article 133 § 1(2) of the Labor Code does not grant employees the right to unilaterally work overtime without employer instruction or genuine business need.

Legislator headnote

AI generated

art. 52 § 1 pkt 1 KP; art. 133 § 1 pkt 2 KP: Concealing a disability status to mislead the employer about medical contraindications to work constitutes a serious breach of basic employee obligations; Article 133 § 1(2) of the Labor Code does not empower an employee to unilaterally perform work during overtime hours.

Keywords

AI generated
serious breach of duties hiding disability status medical contraindications unilateral overtime work labor code provisions wrongful termination claim employee obligations

Cited Legislation

AI generated
art. 52 § 1 pkt 1 KP
art. 133 § 1 pkt 2 KP
art. 393 § 11 KPC
art. 393 § 12 KPC
art. 65 Konstytucji RP

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