An employee has the same rights as any other creditor, and therefore, if an employer defaults on an employee's benefits, the employee has the right to file a bankruptcy petition against the employer. Employees are given special protection by bankruptcy law, as they are in the first category of claims, which means that they will be paid first. Employees can also claim their receivables from the Guaranteed Employee Benefits Fund.
However, it should be remembered that declaring bankruptcy of an employer may result in termination of employment contracts. work for employees, even those referred to in Article 41(1) of the Labour Code, i.e., among others, employees of pre-retirement age, employees absent from work due to illness or leave. The bankruptcy of an employer also abolishes the protection of the employment relationship of pregnant women.. Nevertheless, it should be noted that not all bankruptcy proceedings of a business entity lead to its liquidation, therefore it may happen that the new purchaser of the company will retain jobs.
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