Legislator Case Law & Legislation
I PKN 634/98 AI generated

Supreme Court allows severance pay for board members under collective agreement despite labor code restrictions on remuneration rules.

Case Number I PKN 634/98
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Allowed / Granted

Legislator summary

AI generated

The Supreme Court of Poland dismissed the cassation appeal against a lower court ruling awarding severance pay to a former board member. The plaintiff argued that the collective agreement's provision for severance upon retirement or disability pension applied to her, while the defendant contended that Article 24126 § 2 of the Labor Code prohibited such clauses for management personnel. The court distinguished between 'remuneration' and other work-related benefits, ruling that severance pay is a general benefit not covered by the prohibition on setting remuneration rules for board members.

Legislator headnote

AI generated

Art. 24126 § 2 KP; Rozdział III zakładowego układu zbiorowego pracy z 1994 r.: The prohibition on collective agreements setting remuneration rules for management personnel does not extend to severance payments, which are classified as general work-related benefits rather than remuneration.

Keywords

AI generated
severance pay entitlement collective agreement scope labor code restrictions board member benefits remuneration vs benefits cassation appeal dismissal disability pension severance

Cited Legislation

AI generated
art. 24126 § 2 KP
art. 239 § 1 KP
art. 78 KP
art. 39312 KPC
ustawa z dnia 13 lipca 1990 r. o prywatyzacji przedsiębiorstw państwowych

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