Legislator Case Law & Legislation
I PKN 667/00 AI generated

Supreme Court dismissed cassation; protection period starts next day if medical certificate issued after work day ends.

Case Number I PKN 667/00
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Supreme Court dismissed the cassation appeal filed by an employee against a regional court's decision to reinstate her employment. The lower court found that the employer terminated the contract on the last day of the statutory protection period, which began the next calendar day because the medical certificate confirming her inability to work was issued after her shift on February 5, 1999. The Supreme Court upheld this interpretation, ruling that the protection period commences only after the workday is completed and the medical certificate is issued, thereby validating the employer's timely termination.

Legislator headnote

AI generated

Art. 53 § 1 pkt 1 KP; Art. 393 § 12 KPC: The protection period against contract termination begins on the next calendar day if a medical certificate of inability to work for a specific working day is issued after the conclusion of that day's work.

Keywords

AI generated
protection period termination medical certificate timing labor contract dissolution inability to work statutory protection period cassation appeal dismissal employment law interpretation

Cited Legislation

AI generated
Art. 53 § 1 pkt 1 KP
Art. 30 § 4 KP
Art. 30 § 5 KP
Art. 217 § 2 KPC
Art. 378 § 2 KPC
Art. 393 § 12 KPC

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