Employer's early termination notice during sick pay period is illegal; employee need not provide medical certificate upon return.
Polonia (PL)
Sintesi Legislator
Generato dall'IAThe Supreme Court dismissed the employer's cassation appeal, upholding the lower court's decision to reinstate the employee and award severance. The court found the employer's termination notice, issued before the statutory three-day consultation period expired, violated the Labor Code. Furthermore, the employee was not required to submit a medical certificate proving fitness for work upon returning to the workplace. The court ruled that the employer bears the obligation to arrange control medical examinations if the employee presents themselves for work.
Regesto Legislator
Generato dall'IAArt. 53 § 1 pkt 1 lit. b k.p.; Art. 53 § 3 k.p.; Art. 229 § 2 k.p.; Art. 52 § 3 k.p. Termination of employment during the period of receiving sick pay and allowance without notice is unlawful if the notice is given before the consultation period expires; the employee has no obligation to provide a medical certificate upon returning to work.