Legislator Case Law & Legislation
II UKN 83/96 AI generated

Supreme Court dismissed cassation where employment contract was not terminated, making the 40-year service requirement irrelevant.

Case Number II UKN 83/96
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Supreme Court dismissed the cassation appeal filed by a worker seeking early retirement against a Social Insurance Fund decision. The worker argued that his unemployment period should count toward the required 40 years of service, but the court found the employment contract had never been terminated. Since the statutory condition for early retirement requires a termination of the employment contract, the court ruled that verifying the 40-year service duration was unnecessary.

Legislator headnote

AI generated

Art. 11 ust. 3 k.p.c.; § 1 ust. 1 rozporządzenia Ministra Pracy i Polityki Socjalnej z dnia 26 stycznia 1990 r.: Where the employment contract has not been terminated, the requirement of a minimum 40-year service period is not met, rendering the verification of that period unnecessary for granting early retirement.

Keywords

AI generated
early retirement conditions termination of employment contract service period requirement cassation procedure social insurance benefits labor law dispute unemployment period inclusion

Cited Legislation

AI generated
Art. 11 ust. 3 of the Civil Procedure Code of 1 March 1996
§ 1 ust. 1 of the Minister of Labour and Social Policy Regulation of 26 January 1990
Art. 393 of the Civil Procedure Code

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