Employee who missed pension severance due to statute of limitations can regain right upon re-employment.
Poland (PL)
Legislator summary
AI generatedThe Supreme Court dismissed the cassation appeal against a regional court judgment that rejected the employee's claim for pension severance pay. The employee had previously acquired the right to this severance upon retiring in 2003 but failed to receive it, while the employer argued the right was consumed by a separate economic severance payment. The court held that because the employee never actually received the pension severance, the statutory bar preventing a second acquisition did not apply, allowing them to claim it again after re-employment.
Legislator headnote
AI generatedArt. 8 ust. 4 ustawy z dnia 28 grudnia 1989 r. o szczególnych zasadach rozwiązywania z pracownikami stosunków pracy z przyczyn dotyczących zakładu pracy; Art. 921 § 2 k.p.: An employee who acquired but did not receive the right to pension severance may acquire it again, even if the right was previously time-barred.