Early retirement right for appointed employee retained even after administrative court annulled dismissal decision.
Poland (PL)
Legislator summary
AI generatedThe Supreme Court ruled that an appointed employee retains the right to early retirement even after an administrative court annulled the dismissal decision. The facts show the employee was dismissed due to institutional reorganization, which the Supreme Court determined did not formally qualify as a statutory ground for termination. The court held that the substantive circumstances of the dismissal, rather than the formal legal basis, determine eligibility, and the subsequent reinstatement does not negate the acquired right to early retirement.
Legislator headnote
AI generatedArt. 1 ust. 1 ustawy o szczególnych zasadach rozwiązywania z pracownikami stosunków pracy z przyczyn dotyczących zakładu pracy; § 1 rozporządzenia Ministra Pracy i Polityki Socjalnej z dnia 26 stycznia 1990 r.: The right to early retirement for an appointed employee is determined by the factual circumstances of the termination of employment, not by the formal legal ground for dismissal, and remains valid even if the dismissal decision is subsequently annulled.