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