II PK 240/10
Generato dall'IA
Supreme Court dismissed cassation appeal regarding employer's right to demand medical exams during vacation leave.
Polonia (PL)
Sintesi Legislator
Generato dall'IAThe Supreme Court dismissed the cassation appeal filed by an employee against a labor court judgment restoring her to work. The lower courts found that the employer could not require the employee to undergo mandatory medical examinations while she was on vacation leave immediately following maternity leave. The court ruled that such exams must be conducted during working hours, making their demand during vacation legally invalid and the subsequent dismissal unjustified.
Regesto Legislator
Generato dall'IAArt. 229 § 2 k.p.; Art. 163 § 3 k.p.; Art. 229 § 3 k.p.: An employer cannot require an employee to undergo mandatory medical examinations during vacation leave, as such exams must be performed during working hours.
Parole chiave
Generato dall'IA
vacation leave
maternity leave
medical examinations
labor law
dismissal justification
working hours
cassation appeal
Disposizioni normative citate
Generato dall'IAArt. 229 § 2 k.p.
Art. 163 § 3 k.p.
Art. 229 § 3 k.p.
Art. 264 § 2 k.p.
Art. 398 § 13 k.p.c.
Art. 398 § 14 k.p.c.
art. 229 § 2 k.p
art. 163 § 3 k.p
art. 264 § 2 k.p
art. 52 k.p
Giurisprudenza citata
Generato dall'IAII CSK 143/06
Supreme Court dismisses appeal confirming public procurement contract invalidity due to specification changes and vague subject description.
I CKN 749/00
III PK 26/06
II PK 214/07
Supreme Court dismissed cassation; employee's vacation start after long illness was not a breach of labor law.
II PK 46/09