Legislator Case Law & Legislation
II UKN 572/99 AI generated

Employee retains early retirement right for child care even after economic dismissal.

Case Number II UKN 572/99
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Partially Allowed

Legislator summary

AI generated

The 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 generated

Dz.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 generated
Dz.U. Nr 28, poz. 149
art. 3931 pkt 1 KPC
art. 108 § 2 KPC

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