Employer can claim unpaid worker benefits from the Fund once per insolvency period, excluding strikes.
Poland (PL)
Legislator summary
AI generatedThe Supreme Court resolved a legal question regarding whether an employer can claim unpaid worker benefits from the Fund multiple times due to repeated insolvencies. The court found that insolvency is a single state defined by unpaid claims, meaning the three-month period for claiming benefits applies continuously from the start of insolvency rather than resetting. Consequently, the employer may claim the remaining benefits for the full three-month period, excluding any time lost due to strikes.
Legislator headnote
AI generatedArt. 8 ust. 2 ustawy z dnia 29 grudnia 1993 r. o ochronie roszczeń pracowniczych w razie niewypłacalności pracodawcy; Art. 3 ust. 2 i Art. 6 ust. 2 pkt 2 tej ustawy: The employer's right to claim unpaid worker benefits from the Fund is limited to one three-month period per insolvency event, which is defined by the state of unpaid claims rather than the frequency of financial failure, and this period must exclude time lost due to strikes.