Supreme Court rules that transferring a teacher to inactivity after health leave violates the leave's purpose and is void.
Pologne (PL)
Synthèse Legislator
Généré par l'IAThe Supreme Court of Poland declared the lower court's dismissal of the plaintiffs' claim to have the transfer to inactivity declared void. The plaintiffs, two teachers, were transferred to inactivity by their school director after they had already begun a health recovery leave due to a school restructuring. The court held that the statutory duty to grant health leave creates a binding period during which the employer cannot unilaterally terminate the employment relationship to the teacher's detriment. Consequently, the transfer to inactivity occurring after the leave started was found to be legally ineffective.
Regeste Legislator
Généré par l'IAArt. 73 ust. 1 Karty Nauczyciela; Art. 20 ust. 1 Karty Nauczyciela: The employer is bound by the statutory period of health recovery leave and cannot unilaterally transfer a teacher to inactivity during this period, as it would violate the purpose of the leave and the teacher's right to health protection.