Legislator Case Law & Legislation
II UKN 457/97 AI generated

Supreme Court dismissed early retirement claim where employer continued business after termination to evade regulations.

Case Number II UKN 457/97
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Supreme Court dismissed the applicant's cassation appeal against a lower court ruling granting early retirement. The applicant was terminated citing business liquidation, yet the employer continued the business and maintained its registration for months afterward. The court found the employment certificate's claim of liquidation was a deliberate attempt to circumvent statutory requirements for early retirement benefits.

Legislator headnote

AI generated

Dz.U. Nr 4 poz. 27; art. 1 ust. 1 i 2 w związku z art. 10 ust. 1 ustawy z dnia 28 grudnia 1989 r.: Falsification of the cause of termination in an employment certificate after 28 days, when the business was actually continued, constitutes an attempt to evade the provisions on early retirement for employees dismissed due to workplace reasons.

Keywords

AI generated
early retirement benefits employment termination business liquidation employment certificate statutory evasion labor law social security

Cited Legislation

AI generated
Dz.U. Nr 4 poz. 27
art. 1 ust. 1 i 2 w związku z art. 10 ust. 1 ustawy z dnia 28 grudnia 1989 r.
art. 393 12 KPC

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