Legislator Case Law & Legislation
II PK 167/05 AI generated

Court dismissed appeal ruling that executive severance is compensation for job loss, not work pay.

Case Number II PK 167/05
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Supreme Court dismissed the plaintiff's cassation appeal against a labor court judgment that rejected his claim for executive severance. The plaintiff argued that the contractually agreed severance should be treated as compensation for job loss rather than remuneration for work, citing specific clauses in his employment contract. The court rejected this distinction, holding that the severance was a specific contractual benefit for losing the executive position, not wages for labor performed, and thus the lower court's decision was legally sound.

Legislator headnote

AI generated

Art. 13 k.p.; Art. 370 k.s.h.: Executive severance is a specific contractual benefit for losing an executive position, not remuneration for work, and does not trigger the right to a fair wage under general labor law.

Keywords

AI generated
executive severance employment contract remuneration for work job loss compensation Supreme Court appeal labor law interpretation severance pay

Cited Legislation

AI generated
Art. 13 k.p.
Art. 370 k.s.h.
Art. 393 § 12 k.p.c.
art. 3531 k.c
art. 18 k.p
art. 8 k.p
art. 370 § 1 k.s.h
art. 65 k.c
art. 300 k.p
art. 328 § 2 k.p.c

Cited Case Law

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