Legislator Case Law & Legislation
I UZP 4/10 AI generated

Supreme Court rules coal deputy payment right ceases upon re-employment in PKP, excluding current employees.

Case Number I UZP 4/10
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Supreme Court resolved a legal question regarding whether a coal deputy payment right applies to an employee re-employed in PKP. The Social Insurance Institution denied the payment, arguing the claimant was still employed rather than a former employee. The Court held that the statutory right to the deputy payment ceases because the claimant is a current employee, not a former one, and cannot belong to both categories simultaneously.

Legislator headnote

AI generated

Art. 74 ust. 1 ustawy z dnia 8 września 2000 r. o komercjalizacji, restrukturyzacji i prywatyzacji przedsiębiorstwa państwowego „Polskie Koleje Państwowe": The right to a coal deputy payment ceases for an individual who is re-employed, as the statute grants the benefit only to former employees, excluding current employees.

Keywords

AI generated
coal deputy payment former employee status re-employment exclusion social insurance benefits PKP privatization law statutory interpretation dual employment rights

Cited Legislation

AI generated
Art. 74 ust. 1 of the Act of 8 September 2000 on the commercialization, restructuring and privatization of the state-owned enterprise 'Polskie Koleje Państwowe'
Art. 103 ust. 2a of the Act on pensions and allowances from the Fund for Social Security
art. 32 Konstytucji RP
art. 390 § 1 k.p.c

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