Legislator Case Law & Legislation
I UK 186/09 AI generated

Joining a cooperative as a member automatically terminates prior employment, disqualifying work from early retirement special conditions.

Case Number I UK 186/09
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Supreme Court dismissed the cassation appeal against a social insurance office's refusal to grant early retirement based on special working conditions. The insured had worked as a heavy truck driver before joining a production cooperative as a member, but the court found that joining the cooperative automatically terminated the prior employment contract. Consequently, the period spent as a member could not be counted toward the special working conditions required for early retirement.

Legislator headnote

AI generated

Art. 32 ust. 1 ustawy o emeryturach i rentach z Funduszu Ubezpieczeń Społecznych; Art. 32 Konstytucji RP: Employment as a member of a production cooperative does not constitute work in special conditions for early retirement purposes, as membership automatically terminates the prior employment relationship.

Keywords

AI generated
production cooperative membership early retirement special conditions automatic termination of employment social insurance office decision cassation appeal dismissal

Cited Legislation

AI generated
Art. 32 ust. 1 ustawy z dnia 17 grudnia 1998 r. o emeryturach i rentach z Funduszu Ubezpieczeń Społecznych
Art. 32 Konstytucji RP
art. 398 k.p.c.
art. 233 § 1 k.p.c
art. 382 k.p.c
art. 22 § 1 k.p
art. 231 k.p.c
art. 328 § 2 k.p.c
art. 391 § 1 k.p.c
art. 112 k.p

Cited Case Law

AI generated

Need to analyze how this precedent applies to your matter?

Cross-reference this judgment against statutes, commentaries, and subsequent citing case law inside Legislator AI.

Open in Legislator →

Full text