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III ZP 33/01 AI generated

Supreme Court ruled that the mining bonus for miners on leave is not limited by the restructuring grant regulation.

Case Number III ZP 33/01
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Allowed / Granted
Open official source Machine-readable Markdown (.md)

Legislator summary

AI generated

The Supreme Court resolved a legal question regarding the calculation of a mining bonus for a miner on leave. The employer argued that the Ministry's regulation limiting restructuring grants should cap the bonus amount, while the court found this interpretation incorrect. The court decided that the regulation only defines the grant's ceiling, not the statutory entitlement, requiring full payment of the bonus.

Legislator headnote

AI generated

Art. 21 in conjunction with Art. 20 ust. 1 pkt 1 of the Act of 26 November 1998 on adapting coal mining; § 8 of the Minister of Economy Regulation of 30 April 1999: The regulation limiting restructuring grants does not restrict the statutory right to a full mining bonus, as it merely defines the grant's maximum coverage rather than the employer's obligation to pay the full statutory amount.

Keywords

AI generated
mining bonus entitlement restructuring grant regulation statutory vs administrative limits delegation of legislative power coal mining leave benefits

Cited Legislation

AI generated
Act of 26 November 1998 on adapting coal mining to market conditions and special rights and tasks of mining municipalities
Regulation of the Minister of Economy of 30 April 1999 on detailed rules and procedures for granting and using grants for employment restructuring

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