Toggle accessibility panel
Alt 0
Accessibility settingsAlt S
Top accessibility panelAlt 1
Right accessibility panelAlt 2
Bottom accessibility panelAlt 3
Left accessibility panelAlt 4
Show keyboard shortcuts accessibility panelAlt 5
Toggle keyboard shortcuts accessibility panelAlt 6
Reset all accessibilityAlt Q
Change font sizeAlt A
Increase font sizeAlt +
Reset font sizeAlt X
Decrease font sizeAlt-
Change line height Alt H
Increase line heightAlt U
Reset line heightAlt J
Decrease line heightAlt M
Change letter spacingAlt >
Increase letter spacingAlt R
Reset letter spacingAlt F
Decrease letter spacingAlt V
Change word spacingAlt
Increase word spacingAlt E
Reset word spacingAlt D
Decrease word spacingAlt C
Readable fontAlt G
Highlight titles Alt T
Text zoomAlt Z
Invert colorsAlt I
Bright contrastAlt W
Dark contrast Alt B
Keyboard navigationAlt K
Big white cursor Alt Y
Big black cursor Alt N
Prevent animationAlt P
Skip to content page
0
0

New Law on the Protection of Workers' Claims

Share this article:

As of 5 September, a new law is in force regarding employees' claims. They will receive outstanding benefits sooner, and the family of the employer who was employed by them will also be protected.

Amendments to the Law on the Protection of Employees' Claims in the Event of an Employer's Insolvency allow for the acceleration of financial assistance to employees who have been deprived of their jobs and benefits after the employer has ceased operations.

For years, employers have been paying contributions to the Guaranteed Employee Benefits Fund. This is a state fund that pays benefits due to employees in the event of the employer's insolvency or threat thereof. These include salaries for work, excused absences from work, annual leave, severance pay, etc. The tasks imposed on the FGŚP are carried out by the provincial marshals, and the Minister of Labour is the fund's administrator.

Until now, employers did not contribute for their family members working in their companies and they did not receive benefits from the fund. Now, the employer's spouse, his/her own and adopted children, as well as children of the spouse, parents, stepmother and stepfather, adoptees, siblings, grandchildren, grandparents, sons-in-law and sons-in-law, sisters-in-law, brothers-in-law and sisters-in-law and persons performing gainful employment in the household are also covered. Of course, if they have an employment relationship with the employer or perform work under a contract of mandate.

Cessation of activity is sufficient

The law redefines the actual cessation of business activity by an employer. We can speak of it when, for a period of more than two months, the employer has not carried out business activities, has not generated revenue from them, has not been at the registered office of the company or at the place of business, has not paid remuneration to employees or has not paid social security contributions or taxes to the tax authorities for them.

- Previously, there was also the possibility to obtain employee benefits in case of actual cessation of the employer's activity. However, this was made more difficult because the legislator did not specify what it meant by actual cessation of activity, believes Slawomir Anisimowicz, managing director of the law firm PMR Restrukturyzacje SA.

Greater employee protection

An employee will receive financial compensation for annual leave not only for the year in which the employment relationship ended, but also for the preceding year. According to Slawomir Anisimowicz, this is an important change, as the previous regulations were unfair to employees.

In addition, the so-called reference periods, i.e. the periods between the termination of the employment relationship and the date of the employer's insolvency, entitling to benefits from the Guaranteed Employee Benefits Fund, have been extended from 9 to 12 months. As a result, more people will be protected.

– This is a significant change because the legislator noticed that entrepreneur's problems They start long before the date of filing an application for restructuring or bankruptcy, and sometimes several months pass between the date of filing an application and the date of its opening by the court, says a representative of the PMR Restrukturyzacje SA law firm.

The legislator also extended the catalogue of rights for employees in situations where the application for declaring bankruptcy of the entrepreneur is dismissed by the court, because the entrepreneur's assets are not sufficient or are only sufficient to cover the costs of the proceedings. In the event that the court dismisses the application for the announcement bankruptcy for the reasons described employee gains the right to payment of wages for a period of 3 months from the date of the court's decision, and additionally for a period of up to 4 months after that date.

The material appeared on ccnews.co.uk:

11 September 2017:
" Workers under greater protectionSee also publications in other media:

" Workers under greater protection (www.praca.interia.pl)

" An amendment to the Law on the Protection of Workers' Claims came into force (www.dlahandlu.pl)

" Workers under greater protection (www.wiadomoscihandlowe.pl)

author avatar
PMR team

Share this article:

PMR in the media

pmr-restructuring
pmr-restructuring
pmr-restructuring
pmr-restructuring
pmr-restructuring
pmr-restructuring
pmr-restructuring
pmr-restructuring
pmr-restructuring
pmr-restructuring
years on the market
0 +
proceedings
0 +
customers
0 +
en_GBEnglish
Scroll to Top