Supreme Court dismissed appeal; collective agreement clauses do not constitute special protection under Labor Code Art. 47.
Legislator summary
AI generatedThe 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 generatedArt. 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.