Supreme Court rules no severance pay exclusion applies to employees running a business within a limited liability company.
Poland (PL)
Legislator summary
AI generatedThe Supreme Court resolved a legal question regarding whether an employee running a business within a limited liability company is excluded from severance pay. The plaintiff argued that the statutory exclusion applied only to sole traders, not to those operating within a corporate entity, while the lower court had ruled against him based on a broader interpretation. The court held that the statutory distinction between sole proprietorship and corporate business is clear, meaning the exclusion clause does not apply to employees conducting business within a limited liability company.
Legislator headnote
AI generatedArt. 8 ust. 3 pkt 5 ustawy z dnia 28 grudnia 1989 r. o szczególnych zasadach rozwiązywania z pracownikami stosunków pracy z przyczyn dotyczących zakładu pracy; The exclusion of severance pay for employees conducting business on their own account does not apply to those conducting business within a limited liability company.