Submission of temporary inability certificate after employment termination does not terminate labor contract under Art. 74 k.p. even without return intent.
Poland (PL)
Legislator summary
AI generatedThe Supreme Court dismissed cassation appeals regarding the payment of sick leave benefits after the termination of employment contracts. The court found that submitting a certificate of temporary inability to work after the voluntary termination of the labor relationship does not cause the contract to expire under Article 74 of the Labor Code, even if the employee does not declare an intention to return within seven days. Consequently, the court ruled that the original employers remained liable for benefits until the contracts were formally resolved or the employees returned to work.
Legislator headnote
AI generatedArt. 74 k.p.; Art. 393 § 1 pkt 2 k.p.c.: The submission of a certificate of temporary inability to work after the termination of a labor contract does not result in the expiration of the contract under Article 74 of the Labor Code, even in the absence of a declaration of intent to return to work.