Legislator Case Law & Legislation
I PKN 105/99 AI generated

Early retirement rights combined with job reduction justify termination of employment contract.

Case Number I PKN 105/99
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Supreme Court dismissed the cassation appeal against a lower court ruling that upheld an employee's termination. The court found that the employer correctly terminated the contract because the employee obtained early retirement rights while simultaneously facing a reduction in staff numbers due to the merger of two positions. The court ruled that while the retirement right was not the sole cause, it was a significant factor in the employer's decision to select this specific employee for dismissal.

Legislator headnote

AI generated

Art. 52 § 1 Kodeksu pracy; Art. 45 § 1 Kodeksu pracy: Obtaining the right to early retirement combined with a reduction in employment due to the merger of two positions constitutes a valid ground for terminating an employment contract.

Keywords

AI generated
early retirement rights reduction in employment merger of positions termination of contract valid ground for dismissal labor law employment termination

Cited Legislation

AI generated
Art. 52 § 1 Kodeksu pracy
Art. 45 § 1 Kodeksu pracy
Art. 316 § 1 Kodeksu postępowania cywilnego
Art. 382 Kodeksu postępowania cywilnego
Art. 233 § 1 Kodeksu postępowania cywilnego
Art. 393 Kodeksu postępowania cywilnego

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