Supreme Court dismissed cassation; protection period starts next day if medical certificate issued after work day ends.
Legislator summary
AI generatedThe 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 generatedArt. 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.