Legislator Case Law & Legislation
I PK 11/08 AI generated

Supreme Court dismissed appeal; pre-retirement protection under Art. 39 Labor Code does not cover pre-retirement benefits.

Case Number I PK 11/08
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 ruling that rejected her claim for reinstatement and severance pay. The core dispute concerned whether the plaintiff, who had been dismissed due to prolonged sick leave, fell under the special protection of Article 39 of the Labor Code. The court determined that this specific protection applies only to employees entitled to a pension, not to those receiving pre-retirement benefits, which serve as a social safety net for those who have already lost their employment.

Legislator headnote

AI generated

Art. 39 k.p.; Art. 2 ust. 1 ustawy o świadczeniach przedemerytalnych: The four-year protective period under Article 39 of the Labor Code applies exclusively to employees entitled to a pension, excluding those receiving pre-retirement benefits.

Keywords

AI generated
Labor Code Article 39 pre-retirement benefits pension entitlement dismissal protection cassation appeal dismissal social safety net labor dispute

Cited Legislation

AI generated
Art. 39 k.p.
Art. 53 § 1 pkt 1b k.p.
Art. 2 ust. 1 ustawy z dnia 30 kwietnia 2004 r. o świadczeniach przedemerytalnych
Art. 398 § 14 k.p.c.
art. 39 k.p
art. 53 k.p
art. 39814 k.p.c

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