Legislator Case Law & Legislation
I BP 36/07 AI generated

Supreme Court dismissed appeal; collective agreements do not create special labor protection under Art. 47 k.p. for severance pay.

Case Number I BP 36/07
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Supreme Court dismissed the appellant's complaint against a lower court ruling that denied severance pay to an employee. The lower court had granted compensation based on a collective agreement guaranteeing job security for nine years, but the Supreme Court held that such agreements cannot establish the special protection required by Article 47 of the Labor Code. The court reasoned that collective agreements are not universally binding laws and therefore do not qualify as the statutory source of special protection necessary to trigger the full severance package.

Legislator headnote

AI generated

Art. 47 ust. 2 k.p.; collective agreements cannot be recognized as establishing special protection of the employment relationship under Article 47 of the Labor Code because they are not universally binding laws.

Keywords

AI generated
collective agreement special protection Labor Code severance pay employment relationship universally binding statutory source

Cited Legislation

AI generated
Art. 47 ust. 2 k.p.
art. 39 k.p.
art. 177 k.p.
art. 42411 § 1 k.p.c.
art. 9 § 1 k.p
art. 9 k.p
art. 47 k.p
art. 393 k.c
art. 300 k.p
art. 4241 § 1 k.p.c

Cited Case Law

AI generated

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