Legislator Case Law & Legislation
II PK 215/05 AI generated

Civil service member retains six-month severance right despite receiving one-month pension severance from prior employment.

Case Number II PK 215/05
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Supreme Court dismissed the cassation appeal filed by a civil service member against a lower court ruling. The plaintiff sought a six-month severance payment, arguing her employer incorrectly refused it because she had previously received a one-month pension severance from a prior job. The court held that the specific statute governing civil service members allows for a six-month severance based on total service years, which includes prior employment periods, and that receiving a lower severance elsewhere does not negate this statutory right.

Legislator headnote

AI generated

Art. 87 ust. 1 i 2 ustawy o służbie cywilnej; A civil service member retains the right to a six-month severance payment based on total service years, even if they previously received a one-month pension severance from prior employment.

Keywords

AI generated
civil service severance prior employment credit statutory severance pension severance total service years severance calculation special statutory rights

Cited Legislation

AI generated
art. 87 ust. 1 i 2 ustawy z dnia 18 grudnia 1998 r. o służbie cywilnej
art. 7 ust. 1 ustawy o służbie cywilnej
art. 5 k.p.
art. 921 § 1 k.p.
art. 398 § 14 k.p.c.
art. 921 § 2 k.p
art. 385 k.p.c
art. 112 k.p
art. 39813 § 2 k.p.c
art. 921 § 1 k.p

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