Supreme Court dismisses appeal, ruling 58-year-old railway worker is protected by Art. 39 KP against dismissal.
Sintesi Legislator
Generato dall'IAThe Supreme Court dismissed the appellant's cassation appeal against a dismissal order, returning the case for retrial. The appellant argued that the dismissal violated protections under Article 39 of the Labor Code because he was only one year shy of the statutory retirement age for railway workers. The Court held that the specific retirement age of 60 for railwaymen defined the protected threshold, meaning the appellant was legally protected at 58 years old.
Regesto Legislator
Generato dall'IAArt. 39 ust. 1 Kodeksu pracy; Art. 11 ustawy o zaopatrzeniu emerytalnym pracowników kolejowych: The statutory retirement age defined in sector-specific legislation determines the protection threshold under Article 39 of the Labor Code, meaning an employee is protected against dismissal if they have not yet reached that specific age.