Legislator Case Law & Legislation
II UZP 12/95 AI generated

Employee dismissed for employer reasons retains early retirement right despite concurrent employment.

Case Number II UZP 12/95
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Allowed / Granted

Legislator summary

AI generated

The Supreme Court ruled that an employee dismissed for employer reasons retains the right to early retirement even while continuing another job. The applicant argued that concurrent employment invalidated his claim, but the court found no such requirement in the regulations. The decision established that the right to early retirement is independent of income from other employment, though its payment may be suspended if earnings exceed limits.

Legislator headnote

AI generated

Art. 10 ust. 1 ustawy o szczególnych warunkach rozwiązywania stosunku pracy; § 1 ust. 1 rozporządzenia Ministra Pracy w sprawie wcześniejszych emerytur: The right to early retirement for employees dismissed for employer reasons is not contingent upon the termination of other concurrent employment contracts.

Keywords

AI generated
early retirement rights employer dismissal reasons concurrent employment social security regulations retirement eligibility criteria income suspension rules labor law interpretation

Cited Legislation

AI generated
Art. 10 ust. 1 of the Act of December 28, 1989 on special conditions for terminating employment contracts for reasons attributable to the employer
§ 1 ust. 1 of the Minister of Labour and Social Policy Regulation of January 26, 1990 on early pensions for employees dismissed for reasons attributable to the employer
art. 391 k.p.c
art. 391 § 1 k.p.c

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