II PK 146/07
AI generated
Social package severance allowed when employee rejects employer's new job offer without valid reason.
Poland (PL)
Legislator summary
AI generatedThe Supreme Court partially overturned the lower court's dismissal of the plaintiff's claim for social package severance. The plaintiff was terminated after refusing a lower salary offer made during a change of employment terms. The court ruled that the termination was attributable to the employer because the refusal was unjustified, thus triggering the severance obligation under the Social Package.
Legislator headnote
AI generatedArt. 9 § 1 k.p.; § 1 ust. 2a Pakietu Socjalnego: The Social Package severance applies when an employment contract is terminated by the employer before the guaranteed period expires due to employer-related reasons, regardless of whether the termination occurred via a modified notice if the employee's refusal of the new offer was unjustified.
Keywords
AI generated
Social Package Severance
Employment Contract Termination
Unjustified Refusal of Offer
Employer Attributable Reasons
Labor Law Interpretation
Guaranteed Employment Period
Modified Notice Termination
Cited Legislation
AI generatedArt. 9 § 1 k.p.
§ 1 ust. 2a Pakietu Socjalnego
art. 42 i art. 9 § 1 k.p.
art. 398 § 1 k.p.c.
art. 108 § 2 k.p.c.
art. 9 § 1 k.p
art. 53 k.p
art. 551 k.c
art. 777 § 1 pkt 4 k.p.c
art. 42 § 4 k.p
Cited Case Law
AI generatedI PR 335/90
I PRN 119/94
Supreme Court allows extraordinary review for reorganization dismissals causing job cuts, overriding lower courts' intent requirement.
I PRN 15/96
Supreme Court dismisses dismissal of severance pay claim by shareholder employee due to flawed statutory interpretation.
I PKN 228/00
Employee resignation due to restructuring does not exclude financial severance if employer's restructuring was the sole cause.
I PKN 79/00
Supreme Court dismisses appeal, ruling severance applies only to economic causes, not job reduction itself.
I PKN 728/99
Employer's refusal to accept employee's new work conditions negates sole organizational cause for dismissal.
II CK 293/02
I CK 505/03
III CK 161/05
Supreme Court dismisses appeal; tax seizure transfers debt obligation to tax authority, validating performance under settlement terms.