Unemployment benefit cannot be offset against readiness-to-work pay under Polish Labor Code Article 81.1.
Legislator summary
AI generatedThe 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 generatedArt. 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.