Public employer contract clause increasing statutory severance is valid but requires court review for social fairness.
Polonia (PL)
Sintesi Legislator
Generato dall'IAThe Supreme Court quashed the lower court's dismissal of the plaintiff's claim for increased severance pay. The facts show a public hospital director, facing financial constraints and imminent resignation, signed an addendum raising the statutory severance amount. The court held that while parties may agree to higher compensation, such clauses must be scrutinized by labor courts for compliance with social fairness principles, especially given the employer's public funding status.
Regesto Legislator
Generato dall'IAArt. 50 § 3 i 4 k.p.; Art. 18 § 1 i 2 k.p.: Although parties may agree to increase statutory severance pay, the validity of such an addendum is subject to court review to ensure compliance with the principle of social fairness, particularly when the employer is a publicly funded entity.