Employee receiving pension from two employers simultaneously entitled to severance from only one chosen employer.
Legislator summary
AI generatedThe Supreme Court dismissed Stefan S.'s cassation appeal seeking a second pension severance payment from his former employer. The plaintiff argued he earned severance from both employers because both employment relationships ended upon his pension transition. However, the court found the two jobs were mutually connected, with the first role serving as a temporary substitute for the second. Consequently, granting two severance payments would violate the purpose of the benefit and the principle of equal treatment, allowing the plaintiff to choose only one payment.
Legislator headnote
AI generatedArt. 921 k.p.; Art. 174 k.p.; When an employee holds two interrelated employment relationships ending simultaneously upon pension transition, they are entitled to severance from only one employer, not both.