Failure to notify employer of recovery from illness allows termination without notice if absence exceeds benefit period.
Legislator summary
AI generatedThe Supreme Court dismissed the cassation appeal filed by an employee seeking compensation for wrongful termination. The employee was absent due to illness for 271 days, exceeding the statutory sick benefit period, and failed to notify the employer upon recovering. Consequently, the employer legally terminated the employment contract without notice under the Labor Code. The court held that the employer's right to terminate without notice remained valid because the employee did not fulfill the obligation to inform the employer of regained work capacity.
Legislator headnote
AI generatedArt. 72 § 1 k.p.; Art. 53 § 1 pkt 1 lit. b k.p.: If an employee's absence due to illness exceeds the statutory sick benefit period and the employee fails to notify the employer of recovery, the employer may terminate the employment contract without notice.