Supreme Court dismissed appeal; employee kept in same post after job termination to fake 40-year tenure for early pension.
Poland (PL)
Legislator summary
AI generatedThe Supreme Court dismissed the Social Insurance Fund's cassation appeal against a lower court ruling ordering the return of overpaid early pension benefits. The Social Insurance Fund argued that the employer's termination of the employee's contract was a sham to create a false 40-year work history, yet the employee remained in the same position with reduced hours. The court found the employer's intent to fabricate tenure for pension eligibility violated the spirit of the relevant labor law, thereby rejecting the claim for benefit repayment.
Legislator headnote
AI generatedArt. 1 ust. 1 ustawy z dnia 28 grudnia 1989 r. o szczególnych zasadach rozwiązywania z pracownikami stosunków pracy z przyczyn dotyczących zakładu pracy; The court held that retaining an employee in their original position after a formal termination to fabricate a qualifying work history for early pension constitutes a sham act contrary to the legislative purpose of the law.