Employee resignation due to restructuring does not exclude financial severance if employer's restructuring was the sole cause.
Polonia (PL)
Sintesi Legislator
Generato dall'IAThe Supreme Court quashed the lower court's dismissal of the employees' claim for financial severance. The lower courts held that because the employees voluntarily resigned under Article 231 § 4 of the Labor Code, the employer was not solely responsible for the termination. The Supreme Court ruled that such resignation does not preclude severance if the employer's organizational changes were the exclusive reason and led to job cuts.
Regesto Legislator
Generato dall'IAArt. 231 § 4 Kodeksu pracy; ustawa z dnia 28 grudnia 1989 r. o szczególnych zasadach rozwiązywania z pracownikami stosunków pracy z przyczyn dotyczących zakładu pracy: The voluntary resignation of an employee due to employer-initiated restructuring does not exclude the right to financial severance if the employer's changes were the sole cause and resulted in reduced employment.