I PKN 443/98
Generato dall'IA
Supreme Court ruled sick leave periods do not count as unemployment for severance pay calculations.
Sintesi Legislator
Generato dall'IAThe Supreme Court partially quashed the lower court's judgment, ordering a recalculation of unemployment compensation for a cooperative member. The court held that while sick leave benefits are not deductible from the compensation amount, the period of illness must be excluded from the duration of unemployment. Consequently, the court found the lower court erred by failing to distinguish between time the employee was ready to work and time they were medically unable to do so.
Regesto Legislator
Generato dall'IAArt. 188 § 2 Prawa spółdzielczego; Art. 92 Kodeksu pracy: The period of inability to work due to illness is not considered a period of unemployment for compensation purposes, as the employee was not ready to perform work during that time.
Parole chiave
Generato dall'IA
cooperative law
unemployment compensation
sick leave exclusion
readiness to work
severance pay calculation
Disposizioni normative citate
Generato dall'IAArt. 188 § 2 Prawa spółdzielczego
Art. 92 Kodeksu pracy
Art. 47 § 2 Kodeksu pracy
Art. 393 § 1 Kodeksu postępowania cywilnego