Social security court dismisses appeal confirming sick pay base is actual wages or minimum wage if unpaid.
Poland (PL)
Legislator summary
AI generatedThe Supreme Court dismissed the employer's cassation appeal, upholding the lower court's order to return the difference between the sick pay calculated on actual wages and the minimum wage. The employer argued that unpaid wages should not trigger the minimum wage floor, but the court found the statutory definition of 'wages' requires actual payment or minimum wage protection. Consequently, the court ruled that the employer's failure to pay wages legally necessitated the use of the minimum wage as the sick pay base, making the return of the difference correct.
Legislator headnote
AI generatedArt. 36 ust. 1 ustawy o świadczeniach pieniężnych z ubezpieczenia społecznego w razie choroby i macierzyństwa; Art. 45 ust. 1 tej ustawy: The base for calculating sick pay is the wages actually paid by the employer, or if no wages are paid, the minimum wage for work.