Employer lacks authority to classify work as special conditions for early pension eligibility under specific regulations.
Poland (PL)
Legislator summary
AI generatedThe Supreme Court dismissed the pension fund's appeal, upholding the lower court's decision to grant early retirement to the applicant. The applicant, an engineer, had worked for over 15 years in hazardous chemical conditions, which the lower court correctly identified as meeting statutory requirements. The Court ruled that determining whether work qualifies as 'special conditions' is a matter of law reserved for the Ministry of Labor, not the employer, as collective agreements cannot override mandatory pension regulations.
Legislator headnote
AI generatedDz.U. Nr 8, poz. 43; art. 32 ust. 4 ustawy o FUS; The employer lacks the authority to determine for pension purposes whether work performed on positions not listed in the official registers constitutes work done under special conditions.