Legislator Case Law & Legislation
I PKN 287/00 AI generated

Unemployment benefit cannot be offset against readiness-to-work pay under Polish Labor Code Article 81.1.

Case Number I PKN 287/00
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Supreme Court dismissed the employer's cassation appeal regarding a claim for readiness-to-work pay. The plaintiff argued that unemployment benefits received during a period of non-employment should be offset against the awarded wage, but the court found no legal basis for such deduction. The court ruled that the Labor Code explicitly regulates readiness-to-work compensation without creating a gap requiring analogical application of offset rules, thereby rejecting the employer's argument that the plaintiff's receipt of benefits negated their readiness to work.

Legislator headnote

AI generated

Art. 81 § 1 KP; Art. 47 KP: Unemployment benefits do not constitute a valid offset against wages payable for readiness to work, as the specific provision for such wages is exhaustive and leaves no legal gap for analogical application.

Keywords

AI generated
readiness to work pay unemployment benefit offset Labor Code Article 81 analogical application labor readiness period wage deduction rules Supreme Court precedent

Cited Legislation

AI generated
Art. 81 § 1 KP
Art. 47 KP
Art. 8 KP
Art. 31 of the Income Tax Act
Art. 17 in conjunction with Art. 4 of the Social Security System Act
Art. 393 § 12 KPC

Cited Case Law

AI generated

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