Hiding disability status to avoid medical contraindications constitutes a serious breach of employment duties under Polish law.
Legislator summary
AI generatedThe 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 generatedart. 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.