Employer's right to terminate without notice is independent of social security rehabilitation benefit proceedings.
Poland (PL)
Legislator summary
AI generatedThe Supreme Court dismissed the employee's cassation appeal against the dismissal of her employment contract without notice. The court found that the employer's right to terminate under Article 53 § 1(b) of the Labor Code is independent of the employee's concurrent proceedings with the social security office regarding rehabilitation benefits. Consequently, the lower courts correctly upheld the termination based on the employee's failure to return to work after her period of incapacity ended.
Legislator headnote
AI generatedArt. 53 § 1 lit. b k.p.; Art. 20 ustawy o świadczeniach pieniężnych z ubezpieczenia społecznego w razie choroby i macierzyństwa; The employer's right to terminate an employment contract with an incapacitated employee without notice is independent of any proceedings concerning the determination of the right to rehabilitation benefits.