Legislator Case Law & Legislation
II PK 19/05 AI generated

Retirement eligibility justifies contract termination without constituting age discrimination under Polish labor law.

Case Number II PK 19/05
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 reinstatement after her employer terminated her contract upon her retirement eligibility. The court held that acquiring pension rights is a legitimate, non-discriminatory reason for termination because the employee gains an alternative income source, rather than the age itself being the cause. Consequently, the employer's decision was deemed socially justified and did not violate the prohibition of age discrimination.

Legislator headnote

AI generated

Art. 45 § 1 k.p.; Art. 113 k.p.: Acquiring the right to a pension constitutes a valid, non-discriminatory ground for terminating an indefinite-term employment contract, as the employee obtains an alternative source of income rather than the age itself triggering the dismissal.

Keywords

AI generated
termination for cause age discrimination pension eligibility labor law social justification indefinite contract reinstatement claim

Cited Legislation

AI generated
Art. 45 § 1 k.p.
Art. 113 k.p.
Art. 393 § 1 and 2 k.p.c.
Art. 2 ust. 1 pkt 2 lit. b of the Act on Employment and Prevention of Unemployment
Act on Pensions and Allowances from the Social Insurance Fund
art. 45 § 1 k.p
art. 113 k.p
art. 39 k.p
art. 45 k.p
art. 67 Konstytucji

Cited Case Law

AI generated

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