Legislator Case Law & Legislation
III ZP 10/98 AI generated

Employee receiving pre-retirement allowance cannot claim anniversary bonus under strict statutory interpretation of termination reasons.

Case Number III ZP 10/98
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Supreme Court dismissed the legal question regarding whether an employee entitled to a pre-retirement allowance qualifies for an anniversary bonus. The lower court argued that the termination was not 'due to retirement' because the employee did not meet pension criteria, but the Supreme Court rejected this functional interpretation. The Court held that the specific regulation granting early bonus rights must be interpreted strictly as a privilege, excluding those merely receiving pre-retirement benefits.

Legislator headnote

AI generated

§ 9 of the Minister of Labour and Social Policy Regulation of 23 December 1989; An employee receiving a pre-retirement allowance does not acquire the right to an anniversary bonus under the cited regulation because the termination was not 'due to retirement' in the strict legal sense required by the privilege.

Keywords

AI generated
anniversary bonus eligibility pre-retirement allowance strict statutory interpretation termination reasons employee privilege rights

Cited Legislation

AI generated
§ 9 of the Regulation of the Minister of Labour and Social Policy of 23 December 1989 on the determination of periods of work and other periods entitling to an anniversary bonus and the rules for its calculation and payment
Article 37 in conjunction with Article 2, paragraph 1, point 2, letter c of the Act of 14 December 1994 on employment and combating unemployment

Cited Case Law

AI generated
I PRN 113/93

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