Legislator Case Law & Legislation
I PK 191/04 AI generated

Supreme Court dismissed cassation; collective agreement suspension applies to all employees unless explicitly excluded.

Case Number I PK 191/04
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The 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 generated

Art. 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.

Keywords

AI generated
collective agreement suspension supplementary protocol scope explicit exclusion requirement retirement bonus entitlement labor law interpretation non-discrimination principle cassation dismissal

Cited Legislation

AI generated
Art. 24127 k.p.
Art. 239 § 1 k.p.
Art. 2419 § 1 k.p.
Art. 921 k.p.
Art. 393 § 12 k.p.c.
art. 921 k.p
art. 24127 § 3 k.p
art. 239 § 1 k.p
art. 382 k.p.c
art. 233 § 1 k.p.c

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