Sickness benefit denied to employee continuing business activity started during employment after termination.
Pologne (PL)
Synthèse Legislator
Généré par l'IAThe Supreme Court dismissed the cassation appeal against a Social Insurance Office decision ordering the return of improperly received sickness benefits. The applicant, who had been self-employed since 1981, continued this business activity after terminating his employment in April 1997. The court held that the specific provision excluding benefits for those engaging in other income-generating activities applies strictly to anyone performing such work, including those who merely continue a pre-existing business.
Regeste Legislator
Généré par l'IAArt. 6 ust. 1; Art. 6 ust. 2 pkt 1 ustawy o świadczeniach pieniężnych z ubezpieczenia społecznego w razie choroby i macierzyństwa: Sickness benefit is not due to an individual who became unable to work under the conditions of paragraph 1 but commenced or performs another income-generating activity, including continuing a previous business activity conducted during employment.