Legislator Case Law & Legislation
III PZP 11/03 AI generated

One-time payment right applies only to employees whose employment ended after the law's effective date.

Case Number III PZP 11/03
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Supreme Court ruled that the one-time monetary payment under the PKP privatization law applies exclusively to employees whose employment contracts were terminated after the law's effective date. Genowefa B. argued she should receive the payment despite her dismissal occurring before the law came into force on October 27, 2000. The court rejected this claim, establishing a strict interpretation based on public finance constraints and the legislative intent to limit benefits to those dismissed post-implementation.

Legislator headnote

AI generated

Art. 48 and Art. 49 ust. 1 and 2 of the Act of 8 September 2000 on the commercialization, restructuring and privatization of the state-owned enterprise 'Polskie Koleje Państwowe'; the right to a one-time monetary payment is granted only to employees whose employment relationship was terminated after the entry into force of the Act.

Keywords

AI generated
one-time monetary payment privatization of state enterprises termination of employment strict statutory interpretation public finance constraints PKP privatization law employee compensation rights

Cited Legislation

AI generated
Art. 48 of the Act of 8 September 2000 on the commercialization, restructuring and privatization of the state-owned enterprise 'Polskie Koleje Państwowe'
Art. 49 ust. 1 and 2 of the Act of 8 September 2000 on the commercialization, restructuring and privatization of the state-owned enterprise 'Polskie Koleje Państwowe'
Art. 216 ust. 1 of the Constitution of the Republic of Poland
art. 3 k.c
art. 451 k.c
art. 300 k.p
art. 87 k.p
art. 91 k.p
art. 405 k.c
art. 216 ust. 1 Konstytucji

Cited Case Law

AI generated

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