I UK 192/07
AI generated
Work near welding stations does not qualify as 'welding work' for early pension under Polish Social Security Law.
Poland (PL)
Legislator summary
AI generatedThe Supreme Court dismissed the cassation appeal regarding an early pension claim based on work near welding stations. The appellant argued that working in the vicinity of welding posts constituted 'work at welding,' but the court found this interpretation incorrect. Consequently, the court ruled that such work does not meet the statutory definition required to trigger early retirement benefits.
Legislator headnote
AI generatedArt. 32 ust. 1, 2, 4 ustawy o emeryturach i rentach z Funduszu Ubezpieczeń Społecznych; Work performed near welding stations does not constitute 'work at welding' and thus does not qualify for early retirement under the specified social security provisions.
Keywords
AI generated
early retirement pension
welding work definition
social security law
workplace conditions
statutory interpretation
pension eligibility
workplace proximity
Cited Legislation
AI generatedArt. 32 ust. 1, 2, 4 of the Act on Pensions and Allowances from the Social Insurance Fund
Regulation of the Council of Ministers of 7 February 1983 on the pension age of employees working under special conditions or in a special character
art. 39813 § 1 k.p.c
Cited Case Law
AI generatedI UK 183/05
II UK 337/03
Supreme Court remands pension case to lower court regarding special work conditions verification. The court upheld the legal basis of the ministerial order defining special work conditions. The court clarified that the specific job title matters more than the work performed. The court emphasized the need for comprehensive evidence evaluation in pension disputes. The court ruled that the ministerial order remains valid despite constitutional transition periods. The court stated that the law defines special work conditions, not the order itself. The court noted that the order serves as a list of jobs, not a source of individual rights. The court found that the lower court must verify the actual work performed by the applicant. The court held that the applicant failed to prove special work conditions for early retirement.
I UK 41/05
Court dismissed early retirement claim because specific work tasks were not listed in the official government annexes.
I UK 15/04
Supreme Court dismissed pension appeal when employment certificate listed a job not on the official special conditions list.
I UK 287/06
Supreme Court dismisses early pension claim by rejecting aggregation of distinct special work periods under specific regulations.
II UK 183/05