Educational school liquidation does not create employer liability for staff claims under the Guarantee Fund.
Poland (PL)
Legislator summary
AI generatedThe Supreme Court dismissed the cassation appeal filed by a parents' and teachers' association against the Guarantee Fund for Unpaid Wages. The court found that the liquidated school was not an employer under the relevant labor protection statute because it was a non-profit educational entity without commercial activity or bankruptcy capacity. Consequently, the association, as the school's founder and liquidator, could not be held liable as the employer for the teachers' unpaid severance and compensation claims.
Legislator headnote
AI generatedArt. 2 ust. 1 ustawy o ochronie roszczeń pracowniczych w razie niewypłacalności pracodawcy; Art. 2 ust. 2 ustawy o ochronie roszczeń pracowniczych w razie niewypłacalności pracodawcy: An educational institution established for non-profit purposes and lacking commercial activity or bankruptcy capacity is not considered an employer under the Guarantee Fund for Unpaid Wages Act, thereby excluding its staff claims from the Fund's coverage.