Supreme Court allows appeal dismissing strike suspension agreement as it does not override mandatory pre-retirement protection.
Poland (PL)
Legislator summary
AI generatedThe Supreme Court dismissed the employer's cassation appeal regarding a strike suspension agreement that reduced wages for a pre-retirement employee. The court found that while the suspension agreement legally suspended collective bargaining rules, it could not bypass the mandatory protections of Article 39 of the Labor Code applicable to employees nearing retirement. Consequently, the court ruled that the employer did not violate the employee's specific rights because the suspension did not explicitly cover this protected category.
Legislator headnote
AI generatedArt. 24127 k.p.; Art. 39 k.p. in conjunction with Art. 42 § 1 k.p.: A suspension agreement under Art. 24127 k.p. does not exempt pre-retirement employees from the mandatory protection against worsening working conditions provided by Art. 39 k.p.