Socialized school must actively inform teacher about pension rights; failure allows contract extension.
Pologne (PL)
Synthèse Legislator
Généré par l'IAThe Supreme Court of Poland dismissed the plaintiff's cassation appeal against a lower court ruling that rejected her claim for damages. The plaintiff argued the school failed to inform her about her right to continue working while receiving a disability pension, whereas the school contended the law only required general information, not specific advice to re-employ a pensioner. The court held that while the employer has a duty of active care regarding pension interests, this does not extend to advising the employee to return to work as a pensioner, thus upholding the dismissal of the claim.
Regeste Legislator
Généré par l'IAArt. 96 ust. 1 i 2 oraz art. 97 ust. 1 ustawy z dnia 14 grudnia 1982 r. o zaopatrzeniu emerytalnym pracowników i ich rodzin; The employer's duty of active care regarding pension interests does not include advising the employee to return to work as a pensioner, and failure to inform about this specific possibility does not constitute a breach of law.