Legislator Case Law & Legislation
I PRN 33/95 AI generated

Supreme Court ruled that a journalist's special retirement age does not count as normal retirement age for dismissal purposes.

Case Number I PRN 33/95
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Supreme Court of Poland dismissed the extraordinary revision filed by the Minister of Justice against a labor court decision. The court found that the plaintiff, a journalist, was dismissed upon reaching a special early retirement age defined in a specific regulation, which differs from the standard retirement age applicable to journalists under the Labor Code. Consequently, the court held that this special age did not constitute the 'normal retirement age' required to justify a dismissal under the relevant articles of the Labor Code.

Legislator headnote

AI generated

Art. 39 k.p.; Art. 40 § 2 k.p.; Rozporządzenie Rady Ministrów z dnia 7 lutego 1983 r. The concept of 'normal retirement age' in the Labor Code excludes the special early retirement age granted to journalists under specific regulations, as it pertains only to the standard age defined in general pension laws.

Keywords

AI generated
Labor Code retirement age journalist dismissal special pension extraordinary revision labor relations early retirement

Cited Legislation

AI generated
Art. 39 k.p.
Art. 40 § 2 k.p.
§ 13 of the Regulation of the Council of Ministers of 7 February 1983 on retirement age
Art. 55 of the Act of 14 December 1982 on pension provision
Art. 422 § 1 k.p.c.
art. 40 § 2 k.p
art. 45 k.p
art. 39 k.p
art. 422 § 1 k.p.c

Cited Case Law

AI generated
I PZP 14/76
I PZP 65/92

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