Legislator Case Law & Legislation
I PKN 9/98 AI generated

Supreme Court dismissed appeal; contract terms override statutory appointment rules for severance pay eligibility.

Case Number I PKN 9/98
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Supreme Court dismissed Stefan S.'s cassation appeal against a labor court ruling that denied him severance pay. The court clarified that Article 18 § 2 of the Labor Code does not prevent parties from regulating their rights and obligations in an employment contract even when the relationship is based on appointment. Consequently, the court held that the second-instance court correctly rejected the claim because the statutory conditions for the severance were not met, regardless of the contract's specific terms.

Legislator headnote

AI generated

Art. 18 § 2 Kodeksu pracy; Art. 393 § 12 Kodeksu postępowania cywilnego: The provisions of the Labor Code regarding the appointment of an employee do not preclude parties from regulating their rights and obligations in an employment contract, and the court's assessment of factual conditions for severance pay is not subject to cassation review.

Keywords

AI generated
Labor Code Article 18 Appointment vs Employment Contract Severance Pay Conditions Cassation Appeal Dismissal Labor Relations Regulation

Cited Legislation

AI generated
Art. 18 § 2 Kodeksu pracy
Art. 393 § 12 Kodeksu postępowania cywilnego
Art. 98 § 1 Kodeksu postępowania cywilnego

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