New Law on the Protection of Workers' Claims

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.

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.

Ustawodawca rozszerzył również katalog uprawnień na rzecz pracowników w sytuacji, gdy wniosek o ogłoszenie upadłości przedsiębiorcy zostaje oddalony przez sąd, gdyż majątek przedsiębiorcy nie wystarcza lub jedynie wystarcza na zaspokojenie kosztów postępowania. W przypadku oddalenia przez sąd wniosku o ogłoszenie upadłości z opisanych przyczyn pracownik zyskuje uprawnienia do wypłaty wynagrodzeń za okres 3 miesięcy od daty wydanie przez sąd postanowienia, a dodatkowo również w okresie do 4 miesięcy po tym terminie.

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)