Legislator Case Law & Legislation
III ZP 26/97 AI generated

Court rules employee gets proportional vacation pay equivalent upon retirement without new job.

Case Number III ZP 26/97
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Allowed / Granted

Legislator summary

AI generated

The Supreme Court resolved a legal question regarding vacation pay equivalence for an employee retiring without taking full leave. The plaintiff argued she was entitled to a full-year equivalent, while the lower court suggested a proportional amount based on her actual tenure in the final year. The court held that the statutory provision applies uniformly regardless of retirement or intent to re-employ, granting only the proportional equivalent corresponding to the time worked in that specific year.

Legislator headnote

AI generated

Art. 153 § 3 KP; Art. 171 § 1 KP w związku z art. 155 1 § 1 pkt 1 KP: Upon termination of employment without utilizing accrued vacation, the employee is entitled to a monetary equivalent proportional to the period worked in the year of termination, irrespective of the reason for termination or the employee's intention to seek new employment.

Keywords

AI generated
vacation leave equivalence retirement termination proportional vacation pay labor law statute employment relationship end

Cited Legislation

AI generated
Art. 153 § 3 KP
Art. 171 § 1 KP
Art. 155 1 § 1 pkt 1 KP

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