Legislator Case Law & Legislation
II UKN 531/97 AI generated

Supreme Court remands case to determine if underground work in brown coal mines constitutes mining work for pension rights.

Case Number II UKN 531/97
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Supreme Court dismissed the cassation appeal and remanded the case to the Court of Appeal for a new trial. The applicant argued that work performed at brown coal mine extraction sites by a construction enterprise should count as mining work under the miners' pension law. The court held that the statutory definition of mining work depends on the specific job station, not the employer's type, and that the lower courts failed to properly assess whether the applicant's tasks qualified as mining work.

Legislator headnote

AI generated

Art. 5 ust. 1 pkt 4 ustawy o zaopatrzeniu emerytalnym górników i ich rodzin; Art. 5 ust. 1 pkt 3 ustawy o zaopatrzeniu emerytalnym górników i ich rodzin: Whether employment in a construction enterprise qualifies as mining work depends on whether the specific job station involves underground work or extraction site operations, not the enterprise's general classification.

Keywords

AI generated
miners pension law underground work definition brown coal mines construction enterprise employment extraction site classification pension eligibility criteria statutory interpretation mining

Cited Legislation

AI generated
Art. 5 ust. 1 pkt 4 of the Act on Provision for Pension of Miners and Their Families
Art. 5 ust. 1 pkt 3 of the Act on Provision for Pension of Miners and Their Families
Art. 9 ust. 2 of the Act on Provision for Pension of Miners and Their Families
Art. 393 § 13 of the Code of Civil Procedure

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