Supreme Court allows termination ban for workers with 2 years to reach reduced pension age.
Sintesi Legislator
Generato dall'IAThe Supreme Court of Poland overturned the lower court's dismissal of the plaintiff's claim to reinstate his employment contract. The plaintiff, a worker with 34 years of service in hazardous conditions, was terminated two years before reaching the legally reduced pension age for his specific job category. The court ruled that the statutory prohibition on termination applies to such workers if continued employment allows them to access their pension at this lower age. Consequently, the case was remanded to the lower court for a new decision on reinstatement.
Regesto Legislator
Generato dall'IAArt. 39 k.p.; Art. 32 ust. 4 ustawy emerytalnej: The prohibition on terminating an employment contract applies to workers approaching the legally reduced pension age for special conditions, provided further employment enables them to obtain that pension.