I PK 144/05
AI generated
Employee restored by court order does not earn vacation leave rights for the period of forced unemployment.
Poland (PL)
Legislator summary
AI generatedThe Supreme Court dismissed the plaintiff's cassation appeal regarding unpaid vacation compensation and other benefits. The court found that the plaintiff, who was restored to work by a judicial order, did not actually perform work during the period of forced unemployment. Consequently, the court ruled that vacation leave and related benefits are strictly tied to the actual performance of labor duties.
Legislator headnote
AI generatedArt. 51 § 1 k.p.; Art. 171 k.p.: Vacation leave is a bonus for work actually performed; an employee restored to work by court order does not acquire vacation rights for the period of forced unemployment.
Keywords
AI generated
vacation leave entitlement
forced unemployment period
court order restoration
labor law interpretation
statutory vacation rights
employee benefits
labor relations
Cited Legislation
AI generatedArt. 51 § 1 k.p.
Art. 171 k.p.
Art. 154 § 1 k.p.
art. 51 § 1 k.p
art. 51 k.p
art. 385 k.p.c
art. 386 k.p
art. 152 § 1 k.p
art. 171 k.p
Cited Case Law
AI generatedI PKN 112/97
Supreme Court dismisses vacation leave claim appeal due to value below statutory threshold for cassation. Vacation pay value determines claim worth under Polish Civil Procedure Code. Appeal inadmissible as value falls under five thousand zloty limit.
I PRN 100/80
I PZP 10/95
Employee earns vacation leave right after rehabilitation benefit ends despite zero work days in the calendar year.
III PZP 15/90