II UKN 572/99
AI generated
Employee retains early retirement right for child care even after economic dismissal.
Legislator summary
AI generatedThe Supreme Court quashed the appellate court's dismissal of the employee's claim for early retirement based on child care. The lower court incorrectly ruled that the mother lost her right because she was fired for economic reasons rather than due to the child's medical needs. The Supreme Court held that the statutory right persists regardless of the dismissal cause, provided the child requires constant care, and ordered the case remanded for a new factual assessment.
Legislator headnote
AI generatedDz.U. Nr 28, poz. 149; The right to early retirement for employees caring for children requiring special care is not contingent on the reason for termination of employment, but solely on the necessity of providing such care.
Keywords
AI generated
early retirement rights
child care obligation
economic dismissal
social security benefits
supreme court review
remand for retrial
statutory interpretation
Cited Legislation
AI generatedDz.U. Nr 28, poz. 149
art. 3931 pkt 1 KPC
art. 108 § 2 KPC