III UK 162/10
AI generated
Teacher's dismissal by school director under Teacher's Card Art. 23 does not count as voluntary resignation for pension purposes.
Poland (PL)
Legislator summary
AI generatedThe Supreme Court dismissed the insured's cassation appeal regarding his right to a teacher's pension. The court found that the employment relationship was terminated unilaterally by the school director under specific grounds in the Teacher's Card Act, not by the teacher's own request. Consequently, the statutory condition for transitioning to a teacher's pension, which requires a voluntary resignation, was not met.
Legislator headnote
AI generatedArt. 23 ust. 1 pkt 3 Karty Nauczyciela; Art. 88 ust. 1 Karty Nauczyciela: Termination of a teacher's employment contract initiated by the school director pursuant to Art. 23 ust. 1 pkt 3 of the Teacher's Card Act does not constitute a resignation by the teacher within the meaning of Art. 88 ust. 1 of the same Act.
Keywords
AI generated
Teacher's Card Act
voluntary resignation
pension entitlement
unilateral termination
school director authority
employment contract dissolution
pension calculation basis
Cited Legislation
AI generatedArt. 23 ust. 1 pkt 3 Karty Nauczyciela
Art. 88 ust. 1 Karty Nauczyciela
Art. 23 ust. 2 pkt 1 Karty Nauczyciela
Art. 23 ust. 4 pkt 1 Karty Nauczyciela
Art. 20 ust. 1, 5c i 7 Karty Nauczyciela
Art. 39813 § 2 k.p.c.
Art. 39814 k.p.c.
art. 39813 § 2 k.p.c
art. 39814 k.p.c
Cited Case Law
AI generatedIII AUa 123/04