Legislator Case Law & Legislation
II UKN 320/00 AI generated

Privatization alone does not equal employer-caused dismissal unless accompanied by group layoffs.

Case Number II UKN 320/00
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Supreme Court dismissed the cassation appeal filed by an insured worker against a social insurance office decision. The court found that the worker's dismissal was merely a sham to bypass early retirement rules, as the employer maintained full employment levels after privatization. Consequently, the statutory conditions for employer-caused dismissal were not met, and the social insurance office correctly withheld the pension benefit.

Legislator headnote

AI generated

Art. 1 ust. 2 ustawy z dnia 28 grudnia 1989 r. o szczególnych zasadach rozwiązywania z pracownikami stosunków pracy z przyczyn z powodu dotyczących zakładu pracy; A transformation of a state enterprise into a commercial company is deemed equivalent to the liquidation of the employer's premises only when accompanied by group dismissals of employees.

Keywords

AI generated
employer caused dismissal group layoffs requirement privatization of enterprise social insurance benefits sham dismissal early retirement rights social insurance office

Cited Legislation

AI generated
Art. 1 ust. 2 of the Act of December 28, 1989 on special rules for resolving employment relationships with employees due to reasons related to the employer's premises and on amending certain acts
Art. 102 ust. 1 3 pkt 4 of the Act on social insurance
Art. 3931 of the Code of Civil Procedure
Art. 156 § 1 pkt 2 of the Code of Civil Procedure

Cited Case Law

AI generated

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