Legislator Case Law & Legislation
I PKN 701/00 AI generated

Teacher transfer due to school liquidation does not grant severance pay under Polish Teacher's Card Act.

Case Number I PKN 701/00
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Supreme Court dismissed the teacher's cassation appeal regarding a claim for severance pay after being transferred to a new school. The lower courts incorrectly assumed that the liquidation of the original school necessitated a termination of the employment contract, despite the teacher voluntarily requesting the transfer. The court ruled that a transfer under Article 18 of the Teacher's Card Act does not constitute a termination of the previous employment relationship, thereby negating the statutory conditions for severance pay.

Legislator headnote

AI generated

Art. 20 ust. 2 Karty Nauczyciela; A transfer of a teacher to another school upon the liquidation of the original school does not constitute a termination of the employment relationship and thus does not entitle the teacher to severance pay.

Keywords

AI generated
Teacher's Card Act severance pay entitlement school liquidation employment transfer termination of contract labor law interpretation supreme court ruling

Cited Legislation

AI generated
Art. 20 ust. 2 of the Teacher's Card Act of January 26, 1982
Art. 18 ust. 1 of the Teacher's Card Act of January 26, 1982
Art. 393 § 12 of the Code of Civil Procedure

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