Legislator Case Law & Legislation
II PK 93/08 AI generated

Supreme Court dismissed appeal; collective agreement clauses do not constitute special protection under Labor Code Art. 47.

Case Number II PK 93/08
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Supreme Court dismissed the cassation appeal filed by an employee seeking reinstatement and full severance pay. The lower court had granted reinstatement but denied full compensation, arguing that a collective agreement clause provided special protection under Article 47 of the Labor Code. The Supreme Court ruled that collective agreements and their provisions are merely 'provisions' and cannot establish the special protection required for full compensation under the statute. Consequently, the employee is entitled only to the standard severance pay applicable to general employees.

Legislator headnote

AI generated

Art. 47 ust. 2 k.p.; Art. 9 ust. 1 k.p.; Provisions in collective agreements do not constitute special protection of the employment relationship under Article 47 of the Labor Code, as they are distinct from statutory provisions defining special employee categories.

Keywords

AI generated
Labor Code Article 47 special employee protection collective agreement provisions reinstatement to work severance pay entitlement cassation appeal dismissal statutory vs contractual law

Cited Legislation

AI generated
Art. 47 ust. 2 k.p.
Art. 9 ust. 1 k.p.
Art. 398 § 14 k.p.c.
art. 47 k.p
art. 52 k.p
art. 45 § 1 k.p
art. 39 k.p
art. 177 k.p
art. 385 k.p.c
art. 9 § 1 k.p

Cited Case Law

AI generated

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