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II PK 159/05 AI generated

Early retirement under Art. 29 excludes protection under Art. 39 and 72 of Labor Code.

Case Number II PK 159/05
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed
Open official source Machine-readable Markdown (.md)

Legislator summary

AI generated

The Supreme Court dismissed Urszula G.'s cassation appeal against her dismissal from a municipal secretary position. The plaintiff argued that the employer failed to offer suitable re-employment under protective labor code articles, while the defendant contended that early retirement rights did not trigger such protections. The court ruled that employees retiring early based solely on age and general tenure, rather than specific working conditions, do not qualify for the special two-year pre-retirement protection period.

Legislator headnote

AI generated

Art. 39 k.p.; Art. 72 § 2, 3 k.p.: Protection against dismissal during the two-year period preceding early retirement applies only to workers whose early retirement is due to specific working conditions or character, not to those retiring based solely on age and general tenure.

Keywords

AI generated
early retirement labor code protection dismissal protection municipal employment special working conditions

Cited Legislation

AI generated
Art. 39 k.p.
Art. 72 § 2 k.p.
Art. 72 § 3 k.p.
Art. 72 § 4 k.p.
Art. 29 of the Act on pensions and allowances from the Social Insurance Fund
art. 72 § 2 k.p
art. 81 § 1 k.p
art. 72 § 3 k.p
art. 39 k.p
art. 328 k.p.c

Cited Case Law

AI generated
I PKN 141/01
Supreme Court allows termination ban for workers with 2 years to reach reduced pension age.
II PZP 10/85
I PKN 227/97
Supreme Court dismisses appeal, ruling 58-year-old railway worker is protected by Art. 39 KP against dismissal.
I PK 97/02
I PK 305/02
I PK 348/03
Wyrok z dnia 5 lutego 2004 r.

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