Short notice termination date defines 'end of employment' for employee protection fund claims. Court rejects extending compensation period to 6 months prior to insolvency. Decision clarifies statutory interpretation of employment termination dates. Outcome: Question of law not referred to Supreme Court.
Poland (PL)
Legislator summary
AI generatedThe Supreme Court declined to refer a legal question regarding the definition of 'end of employment' to the plenary session. The lower court argued that when an employer shortens the notice period, the compensation period should be treated as if employment continued for up to six months prior to insolvency. The court rejected this, stating that creating such a legal fiction would improperly link the employee's unemployment status during the shortened period to the Fund's liability. Consequently, the term 'end of employment' refers strictly to the expiration date of the shortened notice period.
Legislator headnote
AI generatedArt. 6 ust. 4, 6 i 7 ustawy z dnia 29 grudnia 1993 r. o ochronie roszczeń pracowniczych w razie niewypłacalności pracodawcy; The definition of 'end of employment' in the context of employee protection funds refers strictly to the expiration date of the shortened notice period, rejecting the creation of a legal fiction that extends the compensation period based on the employer's insolvency date.