Social security benefit court dismisses claim that employer bonus counts as sick pay base due to abuse of system.
Poland (PL)
Legislator summary
AI generatedThe Supreme Court dismissed the cassation appeal regarding whether an employer bonus should be included in the sick pay calculation base. The Social Security Institution denied the bonus's inclusion, arguing that the employer's internal rules allowed arbitrary bonus amounts without reduction for sick leave, creating a risk of abuse. The court ruled that the bonus was disproportionately high compared to the employee's basic salary and the work performed, violating good faith principles and allowing the Social Security Institution to question the amount.
Legislator headnote
AI generatedArt. 41 ust. 1 ustawy o świadczeniach pieniężnych z ubezpieczenia społecznego w razie choroby i macierzyństwa; Art. 58 § 3 k.c. w związku z art. 300 k.p.: The court may question the inclusion of an employer bonus in the sick pay base if the bonus amount is disproportionately high and violates good faith principles to evade social security obligations.