Supreme Court clarifies that labor courts must order social insurance decisions before dismissing sick pay claims.
Legislator summary
AI generatedThe Supreme Court dismissed the cassation appeal against a labor court judgment that had rejected a claim to return to work after termination due to illness. The plaintiff argued she was entitled to reinstatement, but the lower court found the termination valid because she received sick pay. The court ruled that the labor court must first order the social insurance agency to issue a decision on the validity of the sick pay before dismissing the claim, thereby suspending the labor proceedings until that administrative decision is made.
Legislator headnote
AI generatedArt. 53 § 1 pkt 1 lit. b k.p.; Art. 177 § 2 k.p.c.; Art. 177 § 1 pkt 3 k.p.c.: A labor court hearing a reinstatement claim based on termination due to illness must order the social insurance agency to issue a decision on the validity of the sick pay if no such decision exists, and must suspend the labor proceedings until that decision is rendered.