Legislator Case Law & Legislation
I PK 39/09 AI generated

Social Security decision on rehabilitation benefit does not bind labor court regarding full disability duration.

Case Number I PK 39/09
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Supreme Court dismissed the cassation appeal filed by the tax office against a labor court ruling that restored an employee to work. The employee had received a rehabilitation benefit for six months but recovered health before the period ended and refused the employer's termination based on prolonged disability. The court held that the social security decision only establishes the need for recovery within the granted timeframe, not the absolute duration of the disability itself. Consequently, the employer lost the right to terminate the contract under the specific clause regarding inability to work due to illness once the employee regained capacity and reported for duty.

Legislator headnote

AI generated

Art. 18 ust. 1 i 2 ustawy o zasiłkach chorobowych; Art. 53 § 3 k.p.: A social security decision granting a rehabilitation benefit binds the labor court only regarding the employee's inability to work at the time of the decision and the probable period for recovery, not the definitive duration of the disability.

Keywords

AI generated
rehabilitation benefit labor contract termination inability to work social security decision labor court binding force employee recovery termination prohibition

Cited Legislation

AI generated
Art. 18 ust. 1 i 2 ustawy o zasiłkach chorobowych
Art. 53 § 3 k.p.
Art. 53 § 1 pkt 1 lit. b k.p.
Art. 398 § 14 k.p.c.
art. 53 § 3 k.p
art. 56 k.p
art. 227 k.p.c
art. 244 k.p.c
art. 3983 § 1 pkt 2 k.p.c
art. 3983 § 3 k.p.c

Cited Case Law

AI generated

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