Legislator Case Law & Legislation
III ZP 18/99 AI generated

Employee entitled to severance pay upon receiving disability pension after fixed-term contract ended.

Case Number III ZP 18/99
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Allowed / Granted

Legislator summary

AI generated

The Supreme Court resolved a legal question regarding whether an employee is entitled to severance pay when receiving a disability pension after a fixed-term employment contract expired. The employee argued that his illness during employment led to a disability pension, creating a functional link between the contract's end and the pension. The Court ruled in favor of the employee, establishing that the statutory requirement of a 'link' is satisfied if the illness occurred during employment and resulted in a continuous period of sick pay leading to the pension. This decision ensures that employees are not deprived of severance pay due to the timing of their pension eligibility relative to contract expiration.

Legislator headnote

AI generated

Art. 921 § 1 kp; Art. 921 § 2 kp: An employee is entitled to severance pay upon termination of a fixed-term contract if they became unable to work due to illness diagnosed during employment, leading to a continuous period of sick pay and subsequent acquisition of a disability pension.

Keywords

AI generated
severance pay entitlement fixed-term contract termination disability pension acquisition functional link requirement sickness benefit continuity labor law interpretation social security consequences

Cited Legislation

AI generated
Art. 921 § 1 kp
Art. 921 § 2 kp
Art. 390 § 1 KPC

Cited Case Law

AI generated

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