Rozwiązanie stosunku pracy w związku z osiągnięciem wieku emerytalnego

Abstract

The subject matter under consideration embraces issues regarding the admissibility of employment termination due to reaching retirement age and acquiring pension rights. Until the accession of Poland to the European Union, both in literature and the jurisprudence of the Supreme Court, there was a prevailing view that exceeding a certain age is a legitimate reason for employment termination if the employer reaching a given age acquired pension rights. The Polish accession to the Community structures and the need for adjustments in the labour law to EU regulations, has changed the position of the Supreme Court in this matter. According to a recent Supreme Court case law, in general, employment termination solely because of retirement age constitutes indirect discrimination on the grounds of gender and direct discrimination on the grounds of age. In consequence, termination due to the aforementioned reasons is deemed to be unlawful. The exception within this scope applies to the employees with regard to whom the labour law regulations expressly authorise employment termination owing to retirement age and acquiring pension rights. State–appointed offi cials, appointed local government employees, civil servants and appointed employees of the SCC (Supreme Chamber of Control) fall into this category in particular. In consideration of the above, employment termination due to reaching retirement age and acquiring pension rights should be considered unfounded since the foregoing events are by no means related to the work provided by the employee, the employer’s economic situation or other circumstances which would indicate an unfit employee.