I PK 180/08 Generato dall'IA

Supreme Court protects employee from dismissal if less than 4 years remain until special conditions retirement age.

Numero d'incarto I PK 180/08

Autorità giudiziaria Sąd Najwyższy

Giurisdizione

Polonia (PL)

Data della decisione 2009-03-09

Esito del giudizio Accolto (Allowed)

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Sintesi Legislator

Generato dall'IA

The Supreme Court of Poland overturned the lower court's dismissal of the plaintiff's claim to reinstate his employment contract. The court found that the plaintiff, who had worked in special chemical fiber conditions, was entitled to special retirement benefits and thus protected by the four-year pre-retirement dismissal ban. Consequently, the employer's termination was deemed illegal as it occurred within the protected period.

Regesto Legislator

Generato dall'IA

Art. 39 k.p.; Art. 184 ust. 1 ustawy o emeryturach i rentach z Funduszu Ubezpieczeń Społecznych: An employee is protected from dismissal under Article 39 of the Labor Code if less than four years remain until the retirement age for special conditions, provided the employment period entitles them to a pension based on such conditions.