KAS 2/96
AI generated
Social fund transfer delay: statutory interest allowed due to special employee interest despite lack of civil debt basis.
Poland (PL)
Legislator summary
AI generatedThe Supreme Court's Social Arbitration Collegium ordered the coal company to pay interest on delayed social fund transfers to the mines. While the court found a violation of the Social Fund Act, it ruled that statutory interest was not a civil debt obligation but was justified by the special interest of the employees (miners). Consequently, the company must pay interest calculated at the six-month bank deposit rate for the delay period.
Legislator headnote
AI generatedArt. 6 ust. 2 ustawy o zakładowym funduszu świadczeń socjalnych; Although the transfer of funds to the social fund is not a civil debt, the court may order statutory interest when the employer's delay causes a special interest to the employees to be harmed.
Keywords
AI generated
social fund transfers
statutory interest
employee special interest
collective labor dispute
delayed payment
Supreme Court Arbitration
civil debt distinction
Cited Legislation
AI generatedArt. 6 ust. 2 of the Act of 4 March 1994 on the Social Fund of the Establishment
Art. 5 of the Act of 26 June 1994 on the Social Fund of the Establishment
Art. 10 of the Act of 26 June 1994 on the Social Fund of the Establishment
Art. 8 ust. 2 of the Act of 26 June 1994 on the Social Fund of the Establishment
Art. 16 of the Constitution of the Republic of Poland
Art. 94 pkt 4 of the Constitution of the Republic of Poland
Art. 9 ust. 1 of the Act of 26 June 1994 on the Social Fund of the Establishment