Supreme Court allows social security benefit calculation based on court-ordered wage recovery without actual payment.
Poland (PL)
Legislator summary
AI generatedThe Supreme Court dismissed the Social Insurance Office's cassation appeal, allowing the use of a court judgment ordering wage recovery as the basis for calculating sick pay. The plaintiff argued that since the employer failed to pay the wages due to financial difficulties, the amount could not serve as the calculation base. The court ruled that a court judgment establishing the right to wages has the same legal effect as actual payment, thereby validating the wage amount for benefit calculations regardless of whether the money was physically transferred.
Legislator headnote
AI generatedArt. 12 ust. 1 ustawy o świadczeniach pieniężnych z tytułu choroby i macierzyństwa; Art. 354 § 1 k.c.; Art. 86 § 2, 3 k.p.: A court judgment ordering the payment of wages constitutes fulfillment of the employer's obligation and serves as the valid basis for calculating social security benefits, even if the wages are not physically paid.