Individual dismissal due to quality job changes is allowed even without formal position liquidation.
Poland (PL)
Legislator summary
AI generatedThe Supreme Court dismissed the cassation appeal regarding an early retirement denial based on organizational restructuring. The applicant argued that his position was qualitatively transformed into a new role requiring different qualifications, yet the Social Insurance Office rejected this, citing a mutual agreement termination under Article 11 of the relevant Act. The court ruled that such non-formal liquidation or qualitative transformation constitutes an individual dismissal under Article 10, not a reduction in employment, thereby upholding the lower court's decision.
Legislator headnote
AI generatedArt. 1 ust. 1 ustawy z dnia 28 grudnia 1989 r. o zwalnianiu z pracy; Art. 10 ust. 1 tej ustawy: A qualitative transformation of a job position or its non-formal liquidation, even without creating a new position, qualifies as an individual dismissal under Article 10, rather than a reduction in employment.