Supreme Court dismissed cassation; collective agreement suspension applies to all employees unless explicitly excluded.
Legislator summary
AI generatedThe Supreme Court dismissed the cassation appeal filed by an employee seeking a retirement bonus and severance payment. The lower court ruled that a supplementary protocol suspending certain collective agreement provisions did not cover the appellant because his employment termination was voluntary and not due to financial difficulties. The Supreme Court held that such a suspension applies to all employees unless the parties clearly and explicitly exclude a specific group, rejecting the appellant's argument that it only covered terminations caused by financial distress.
Legislator headnote
AI generatedArt. 24127 k.p.; Art. 239 § 1 k.p.; A supplementary agreement suspending a collective labor agreement applies to all covered employees unless the parties explicitly and clearly exclude a specific group, and a vague reference to financial difficulties does not limit the scope to only those terminations caused by such difficulties.