Legislator Case Law & Legislation
I PK 168/04 AI generated

Failure to notify employer of recovery from illness allows termination without notice if absence exceeds benefit period.

Case Number I PK 168/04
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The 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 generated

Art. 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.

Keywords

AI generated
termination without notice sick leave period employee notification duty labor code provisions work capacity recovery

Cited Legislation

AI generated
Art. 72 § 1 k.p.
Art. 53 § 1 pkt 1 lit. b k.p.
Art. 53 § 3 k.p.
Art. 71 k.p.
Art. 3931 k.p.c.
Art. 98 k.p.c.
Art. 108 § 1 k.p.c.
art. 72 § 1 k.p
art. 53 § 3 k.p
art. 69 pkt 1 k.p

Cited Case Law

AI generated
I PKN 9245/99 (OSNAPiUS 2001 nr 5, poz. 144)

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