III PK 42/04
KI-generiert
Vacated: Free leave with partial work does not suspend employment rights or pay entitlement.
Polen (PL)
Legislator-Zusammenfassung
KI-generiertThe Supreme Court vacated the lower court's dismissal of the plaintiff's claim for unpaid bonus during a period of free leave. The plaintiff argued that despite being on leave, he continued to perform part of his duties, meaning his employment relationship remained active and he was entitled to remuneration. The court held that when an employee performs part of their work during free leave, the original employment contract is merely modified rather than suspended, thereby preserving the right to wages.
Legislator-Regeste
KI-generiertArt. 174 § 1 k.p.; Art. 65 k.c.; Art. 300 k.p.; If an employee performs part of their duties during free leave, the employment relationship remains active and remuneration rights are not suspended.
Schlagwörter
KI-generiert
free leave
employment contract
partial work
remuneration rights
contract modification
labor law
wages suspension
Zitierte Gesetzesbestimmungen
KI-generiertArt. 174 § 1 k.p.
Art. 65 k.c.
Art. 300 k.p.
Art. 80 k.p.
Art. 393 § 1 k.p.c.
Art. 108 § 2 k.p.c.
art. 174 § 1 k.p
art. 65 k.c
art. 300 k.p
art. 382 k.p.c