Absencja pracownicza jako ciężkie naruszenie podstawowych obowiązków pracowniczych
Work absenteeism as a serious breach of basic employee duties

Summary/Abstract: The issue of the employee’s absence from the workplace while he was obliged toperform work has been repeatedly considered in the light of basic employee duties,among which there is the obligation to observe the agreed time and schedule of workand the obligation to care for the welfare of the workplace. Judicature, consideringthe issues related to the employee’s absence, developed the thesis according to whichthe unjustified absence, resulting from willful misconduct or gross negligence ofthe employee, constitutes a serious violation of basic employee obligations, which inturn may lead to the termination of the employment contract pursuant to art. 52 ofthe Labor Code. In addition, unjustified and arbitrary leaving the workplace despitethe order to work overtime and the exercise of the right to leave on demand despitejustified objection, in accordance with the developed line of jurisprudence, may alsoconstitute the basis for terminating the employment contract without notice due tothe employee’s fault.

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