Termination of employment due to abandonment is not cessation of contract upon retirement start.
Poland (PL)
Legislator summary
AI generatedThe Supreme Court dismissed the cassation appeal against a labor court ruling that awarded severance pay to a former employee. The court found that the employer terminated the contract due to the employee's abandonment of work, not because the employee had acquired the right to a pension. Consequently, the statutory conditions for granting a pension severance bonus were not met. The court held that the termination was legally characterized as abandonment, rendering the claim for pension-related severance inadmissible.
Legislator headnote
AI generatedArt. 64 § 1 Kodeksu pracy; Art. 8 ust. 1 ustawy o szczególnych zasadach rozwiązywania z pracownikami stosunków pracy z przyczyn dotyczących zakładu pracy: Termination of employment due to abandonment of work does not constitute cessation of the employment relationship in connection with the employee's acquisition of the right to a pension or disability allowance.