Legislator Case Law & Legislation
I PKN 174/99 AI generated

Supreme Court dismisses cassation, ruling pension severance attaches to termination, not contract expiration.

Case Number I PKN 174/99
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Supreme Court dismissed the cassation appeal against a labor court judgment awarding pension severance to an employee. The court found that the termination of the employment contract was functionally linked to the employee's transition to retirement, thereby triggering the statutory right to severance pay. Consequently, the court upheld the lower court's decision and remitted the case for a ruling on procedural costs.

Legislator headnote

AI generated

Art. 921 § 1 Kodeksu pracy; Art. 393 § 1 Kodeksu postępowania cywilnego: The right to pension severance attaches to the termination of the employment relationship, not its expiration, and the functional link between termination and retirement determines entitlement regardless of the specific cause of termination.

Keywords

AI generated
pension severance termination of contract retirement transition labor law cassation appeal employment relationship statutory severance

Cited Legislation

AI generated
Art. 921 § 1 Kodeksu pracy
Art. 393 § 1 Kodeksu postępowania cywilnego

Cited Case Law

AI generated
I PKN 111/93
I PRN 30/88
III PZP 7/89

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