Polish Supreme Court ruled bankruptcy declaration and cessation of business are equal insolvency triggers for employee claims.
Poland (PL)
Legislator summary
AI generatedThe Supreme Court resolved a legal question regarding the definition of employer insolvency for employee claim protection. The court determined that both a court bankruptcy declaration and the factual cessation of business activities constitute equal grounds for triggering statutory employee protections. Consequently, the court rejected the lower court's reasoning that these events were mutually exclusive or hierarchically ordered.
Legislator headnote
AI generatedArt. 3 ust. 1 pkt 1 ustawy z dnia 29 grudnia 1993 r. o ochronie roszczeń pracowniczych w razie niewypłacalności pracodawcy; Art. 3 ust. 2 pkt 3 tej ustawy: The date of employer insolvency is simultaneously the date of the bankruptcy declaration and the date of the factual cessation of business activities, treating both scenarios as equal and non-exclusive triggers for employee claim protection.