Supreme Court dismissed cassation, ruling pension rights depend on job type, not collective agreement status at retirement date.
Pologne (PL)
Synthèse Legislator
Généré par l'IAThe Supreme Court dismissed the cassation appeal against a social insurance office's refusal of early retirement to a journalist. The applicant argued he met age and service requirements but was not covered by a collective agreement at the time of retirement, while the court held the collective agreement clause merely defined the profession. The court reasoned that interpreting the requirement as dependent on an active collective agreement would create legal inequality and uncertainty, thus granting the pension based on the nature of the work performed.
Regeste Legislator
Généré par l'IA§ 13 rozporządzenia Rady Ministrów z dnia 7 lutego 1983 r. w sprawie wieku emerytalnego; The phrase 'covered by a collective agreement' in pension regulations serves as a definition of the profession rather than a conditional requirement for eligibility, ensuring uniform application regardless of subsequent changes in collective bargaining status.