Break consistent with the Constitution

On 12 July 2016 (case number SK 40/04) the Constitutional Tribunal adjudicated that article 43 of the law of 25 June 1999 on pecuniary benefits from social insurance in case of illness or maternity, according to which benefit assessment base is not calculated again if there is no break between the periods of benefit’s collection periods or it is shorter than 3 full calendar months is consistent with the Constitution.

According to the Tribunal the differentiation of the situation of insured adopted by the article 43 is not excessive nor lacking rational justification. In the social insurance system the dependence of the amount of paid benefit on the amount of paid contribution is not absolute, which is a result of  the principle of social solidarity. The rule stemming from article 43 may be also beneficial for insured who after the return from sick leave earn lesser remuneration.

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