Legislator Case Law & Legislation
II PK 282/10 AI generated

Supreme Court allows dismissal of railway worker's contract to protect reduced retirement age rights under Polish Labor Code.

Case Number II PK 282/10
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Allowed / Granted

Legislator summary

AI generated

The Supreme Court of Poland overturned a lower court ruling that declared a railway worker's dismissal ineffective. The court found that the employee, born between 1949 and 1969, met the statutory conditions for a reduced retirement age but would not reach it until after December 31, 2008. Consequently, the court ruled that the termination occurred during the protective period required by Article 39 of the Labor Code to secure her pension rights. This decision establishes that such protections apply specifically to the timeframe before the statutory retirement age is reached, even if the age itself is attained later.

Legislator headnote

AI generated

Art. 184 ust. 2 ustawy o emeryturach i rentach z Funduszu Ubezpieczeń Społecznych; Art. 39 k.p.: Employees meeting reduced retirement age conditions but reaching that age after December 31, 2008, are protected against dismissal until they actually attain the retirement age.

Keywords

AI generated
reduced retirement age railway workers dismissal protection Labor Code Art 39 pension eligibility termination effectiveness statutory conditions

Cited Legislation

AI generated
Art. 184 ust. 2 of the Social Insurance Pensions Act
Art. 39 of the Labor Code
Art. 398 § 1 of the Code of Civil Procedure
art. 39 k.p
art. 45 § 1 k.p
art. 39815 § 1 k.p.c

Cited Case Law

AI generated

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