Legislator Case Law & Legislation
I PKN 188/97 AI generated

Supreme Court allows agricultural cooperative members' claims under employee protection law due to social security obligations.

Case Number I PKN 188/97
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Allowed / Granted

Legislator summary

AI generated

The 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 generated

Art. 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 generated
Act of 29 December 1993 on Protection of Employee Claims in Case of Employer Insolvency (Dz.U. of 1994 No. 1, item 1, as amended)

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