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I PKN 674/99 AI generated

Supreme Court dismissed appeal; collective agreement terms superseded individual contract for early retirement severance.

Case Number I PKN 674/99
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed
Open official source Machine-readable Markdown (.md)

Legislator summary

AI generated

The Supreme Court dismissed the cassation appeal filed by Polish State Railways against a lower court awarding Gerhard G. a six-month salary severance. The court confirmed that the Collective Agreement on Workers' Guarantees, being more favorable than statutory law, governed the individual employment relationship regarding early retirement termination. Consequently, the employer was bound to pay the agreed compensation without further conditions.

Legislator headnote

AI generated

Art. 9 § 1 KP; Art. 18 § 2 KP; A collective labor agreement containing more favorable terms than statutory law becomes part of the individual employment contract and prevails over statutory provisions.

Keywords

AI generated
collective labor agreement individual employment contract more favorable terms early retirement severance cassation appeal dismissal restructuring compensation labor law supremacy

Cited Legislation

AI generated
Art. 9 § 1 KP
Art. 18 § 2 KP
Art. 393 § 12 KPC

Cited Case Law

AI generated
I PKN 58/97
Supreme Court dismissed cassation as facts are binding without procedural violation allegations.

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