I PKN 188/97
AI generated
Supreme Court allows agricultural cooperative members' claims under employee protection law due to social security obligations.
Legislator summary
AI generatedThe Supreme Court dismissed the cassation appeal filed by the Fund for Guaranteed Employee Benefits against a lower court ruling. The Fund argued that payments to agricultural cooperative members were not employee claims because members share profits rather than receive fixed wages. The Court held that the law applies by analogy to anyone performing paid work subject to social security, regardless of the specific employment relationship structure.
Legislator headnote
AI generatedArt. 5 ust. 2 of the Act on Protection of Employee Claims in Case of Employer Insolvency; The provisions of the Act apply by analogy to persons performing paid work on a legal basis other than an employment relationship, provided they are subject to mandatory social security insurance.
Keywords
AI generated
employee claims protection
agricultural cooperative members
social security insurance
paid work analogy
employer insolvency law
Cited Legislation
AI generatedAct of 29 December 1993 on Protection of Employee Claims in Case of Employer Insolvency (Dz.U. of 1994 No. 1, item 1, as amended)