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