Supreme Court quashes appeal ruling that private schools are not employers under the Employee Claims Protection Act.
Poland (PL)
Legislator summary
AI generatedThe Supreme Court quashed the appellate court's dismissal of the plaintiff's claim against the Employee Claims Protection Fund. The plaintiff, a private school owner, argued she was not an employer under the Employee Claims Protection Act because her schools were not registered as business entities. The court held that a private school run for economic profit by a natural person constitutes an employer, and the owner's insolvency must be assessed alongside the school's financial status.
Legislator headnote
AI generatedArt. 2 ust. 1 ustawy z dnia 29 grudnia 1993 r. o ochronie roszczeń pracowniczych w razie niewypłacalności pracodawcy; Art. 3 ust. 2 ustawy z dnia 29 grudnia 1993 r. o ochronie roszczeń pracowniczych w razie niewypłacalności pracodawcy: A private school operated by a natural person for economic purposes is an employer, and the owner's insolvency must be considered when determining the employer's insolvency.