Social security dismissal denied to director who retained duties after state enterprise privatization. Social security dismissal denied to director who retained duties after state enterprise privatization.
Poland (PL)
Legislator summary
AI generatedThe Supreme Court dismissed the appeal against a lower court ruling that awarded social security dismissal to a former state enterprise director. The plaintiff argued he lost his position, but the defendant contended he continued performing identical duties as director before becoming a board member of the privatized company. The court ruled that granting dismissal would violate the social and economic purpose of the law by rewarding the retention of the same role.
Legislator headnote
AI generatedArt. 2 ust. 1 ustawy z dnia 9 marca 1990 r. o zmianie ustawy o przedsiębiorstwach państwowych; Art. 8 Kodeksu pracy: Social security dismissal is not due to a director who continues performing the same duties after the termination of the employment relationship with the state enterprise and subsequently becomes a member of the management board of the transformed company.