Supreme Court allows severance pay for board members under collective agreement despite labor code restrictions on remuneration rules.
Legislator-Zusammenfassung
KI-generiertThe Supreme Court of Poland dismissed the cassation appeal against a lower court ruling awarding severance pay to a former board member. The plaintiff argued that the collective agreement's provision for severance upon retirement or disability pension applied to her, while the defendant contended that Article 24126 § 2 of the Labor Code prohibited such clauses for management personnel. The court distinguished between 'remuneration' and other work-related benefits, ruling that severance pay is a general benefit not covered by the prohibition on setting remuneration rules for board members.
Legislator-Regeste
KI-generiertArt. 24126 § 2 KP; Rozdział III zakładowego układu zbiorowego pracy z 1994 r.: The prohibition on collective agreements setting remuneration rules for management personnel does not extend to severance payments, which are classified as general work-related benefits rather than remuneration.