Key rulings in 2022.

In the past year, many crucial decisions have been passed in the area of labour law and social security. Of course, the ultimate Court led the primacy. The EU Court of Justice was besides active.

One-time compensation for an accident

Members of the insured household shall besides be entitled to one-off compensation in the event of death due to an accident at work or a occupational pensioner's illness (which has the right to an invalidity pension laid down in the decision of the Social Insurance Institution) which fulfilled statutory conditions for granting him an accident pension. The ultimate Court ruled for the benefit of close insured persons, bearing in head that the professional nature of many diseases is frequently revealed after years – the ultimate Court resolution of 14 December 2022 (Event No III UZP 4/22/).

Sickness insurance

The SN considered that voluntary sickness insurance for an economical activity ceases erstwhile a fee lower than the premium due was paid, even if on time. It is actual that since January 2022 provisions have changed in specified a way that voluntary social insurance, including sickness, has mostly been waived as a consequence of non-payment of contributions on time. Consequently, the late payment of claims is no longer the reason for the cessation of insurance. However, the resolution of the SN is crucial for those who are fighting against the Social safety Office in court for payment of the benefit erstwhile they have paid the contribution in part. It is besides crucial for those who have not paid the contribution and are waiting for a decision to reconstruct the deadline for payment and, consequently, to pay, for example, the maternity allowance. However, the sN ruled not according to the insured. He felt that in specified a case the insurance ceases – a resolution of the composition of 7 ultimate Court judges of 10 February 2022 (Event No III of the UZP 10/21).

Determination of the value of the dispute

In the case of an appeal against the decision of the Social safety Office not to be subject to voluntary sickness insurance, the value of the subject-matter of the appeal is determined as the sum of sickness insurance benefits for the period at issue (not more than 1 year), the ultimate Court concluded. This is applicable to the admissibility of the appeal. However, SN pointed out that much depends on the case. If the essence of the dispute is whether the insured individual should pay claims on voluntary sickness insurance, in specified cases the value of the appeal will mention to the amount of contributions. On the another hand, erstwhile the insured individual requests the declaration of the insurance work (against the Social safety Office) and his legal interest comes down to the receipt of the allowance, the value of the subject substance of the appeal should mention to the benefits – a resolution of the composition of the 7 judges of the ultimate Court of 20 January 2022 (Event No III UZP 8/21).

Bridge pensions

The acquisition of the right to a bridge pension shall not be subject to the exercise, after 31 December 2008, of working under peculiar conditions or in a circumstantial capacity for at least 1 month. This is an crucial resolution for early pensioners. The jurisprudence consistently promoted the view that a individual should show at least 1 period of peculiar work after the entry into force of the bridge rules — a resolution of the composition of 7 ultimate Court judges of 18 May 2022 (Event No III of the UZP 2/22/).

Benefits from ZUS and KRUS

The widow of the husband who collected pensions from ZUS and KRUS will receive only 1 survivor's pension – the ultimate Court ruling of 9 November 2022 (U.S.P. No. I 122/21).

Pre-employment benefit

The ultimate Court decided whether a individual applying for a pre-retirement benefit would be entitled to a period of 180 days of unemployment benefit (as 1 of the conditions to be fulfilled) immediately after the employment had ceased for economical reasons alternatively than always before.

In the resolution taken, the judges ruled in favour of possible recipients. They concluded that this request did not request to be fulfilled in full only after the last employment of the insured individual and after the termination of the employment contract for economical reasons.

However, the ultimate Court considered that it could not be that the insured individual erstwhile (at any time) collected the benefit for the required period, and then after a fewer years fulfilled the another conditions for granting the pre-retirement benefit. He so ruled that the request to collect unemployment benefit for 180 days should, in principle, be 365 days after the last employment of the insured individual and terminate the employment contract for economical reasons – a resolution of the ultimate Court of 19 July 2022 (Event No III UZP 3/22/).

Insurance premiums

The ultimate Court besides resolved issues related to the provisions of the Accident Act, which find the liability of the payer for miscalculation of contributions. The judges of the ultimate Court ruled that the ZUS set in the decision the interest rate of the accident insurance contribution if the payer of the contributions disputes the amount of that rate as set out in the notice. Consequently, when, after the individual interest rate has been fixed, the payer corrects the data submitted in the yearly information (which were the basis for determining the amount of the accident contribution) and the pension authority disagrees with the content and effects of the amended data, the application of the punishment must precede the decision — the ultimate Court resolution of 16 February 2022 (Event No III UZP 9/21).

spiritual Symbols at Work

The interior rules of the undertaking prohibiting the wearing of visible spiritual symbols do not constitute a manifestation of direct discrimination erstwhile applied in a general and non-discriminatory manner — judgement of the Court of Justice of the European Union of 13 October (Event No C-344/20).