Supreme Court dismisses appeal, ruling statutory silence prevents automatic reduction of bonuses for sick leave.
Pologne (PL)
Synthèse Legislator
Généré par l'IAThe Supreme Court dismissed the cassation appeal against a regional court decision regarding the calculation of sick pay. The applicant argued that a special performance bonus should be excluded from the sick pay base, while the employer contended that statutory silence implies no such reduction. The court held that because the Social Benefits Act does not explicitly mandate reducing specific bonus components during illness, the employer's payment of the full bonus was valid and must be included in the sick pay calculation.
Regeste Legislator
Généré par l'IAArt. 36 ust. 5; Art. 41 ust. 1 ustawy z dnia 25 czerwca 1999 r. o świadczeniach pieniężnych z ubezpieczenia społecznego w razie choroby i macierzyństwa: When statutory provisions do not explicitly stipulate a reduction or suspension of specific remuneration components during sick leave, such components must be included in the basis for calculating sick benefits.