Legislator Case Law & Legislation
I PRN 33/96 AI generated

Supreme Court allows severance pay despite new fixed-term contract after employer-initiated termination.

Case Number I PRN 33/96
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Partially Allowed

Legislator summary

AI generated

The Supreme Court set aside lower court rulings that dismissed a worker's claim for severance pay. The worker was terminated from an indefinite-term contract due to employer reasons but immediately signed a new one-week fixed-term agreement. The Court held that signing a subsequent short-term contract does not deprive the employee of statutory severance rights. Consequently, the case was remanded to the lower court for a new trial based on these corrected legal principles.

Legislator headnote

AI generated

Art. 1 ust. 1 ustawy o szczególnych zasadach rozwiązywania stosunku pracy z przyczyn dotyczących zakładu pracy; Art. 8 ust. 1 tej ustawy: The right to severance pay for termination due to employer reasons is not lost merely because the employee subsequently enters into a new fixed-term employment contract.

Keywords

AI generated
severance pay entitlement indefinite term contract fixed term conversion employer initiated termination remand for retrial

Cited Legislation

AI generated
Art. 1 ust. 1 of the Act of 28 December 1989 on special rules for terminating employment contracts due to employer reasons and amending certain acts
Art. 8 ust. 1 of the Act of 28 December 1989 on special rules for terminating employment contracts due to employer reasons and amending certain acts
Art. 417 § 1 of the Code of Civil Procedure
Art. 421 § 2 of the Code of Civil Procedure
Art. 422 § 2 of the Code of Civil Procedure
art.3 § 2 k.p.c
art. 417 § 1 k.p.c
art. 8 k.p
art. 316 § 1 k.p.c
art. 42 § 1 k.p

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