I PKN 123/01 AI generated

Employer must repay FGWP difference between funds received and amounts paid to retirees/pensioners.

Case Number I PKN 123/01

Court / Authority Sąd Najwyższy

Jurisdiction

Poland (PL)

Decision Date 2002-06-04

Outcome Allowed / Granted

Open official source Machine-readable Markdown (.md)

Legislator summary

AI generated

The Supreme Court dismissed the employer's cassation appeal and ordered the company to repay the difference between funds received from the Fund and amounts paid to retirees. The lower court had rejected the Fund's claim because the employer argued that part of the debt was already satisfied via bank execution proceedings. The court ruled that the employer is only liable for the difference between the total funds received and the total amounts actually paid to the entitled individuals, regardless of how the payment was executed.

Legislator headnote

AI generated

Art. 3 ust. 1 ustawy z dnia 28 czerwca 1995 r. o Funduszu Gwarantowanych Świadczeń Pracowniczych; Art. 10 ust. 1 i ust. 3 ustawy z dnia 29 grudnia 1993 r. o ochronie roszczeń pracowniczych w razie niewypłacalności pracodawcy: The employer must repay the difference between funds received from the Fund and amounts paid to entitled persons, even if partial payments were made via bank execution.

Keywords

AI generated

Fund Gwarantowanych Świadczeń Pracowniczych obligation to repay difference retirees and pensioners bank execution proceedings employer liability labor law restitution Supreme Court cassation

Cited Legislation

AI generated

Art. 3 ust. 1 of the Act of June 28, 1995 on the Fund for Guaranteed Employee Benefits

Art. 10 ust. 1 of the Act of December 29, 1993 on the protection of employee claims in case of employer insolvency

Art. 10 ust. 3 of the Act of December 29, 1993 on the protection of employee claims in case of employer insolvency

Art. 13 ust. 2 of the Act of December 29, 1993 on the protection of employee claims in case of employer insolvency

Art. 393 § 12 of the Code of Civil Procedure

Art. 98 of the Code of Civil Procedure

art. 386 § 1 k.p.c

art. 39312 k.p.c

art. 98 k.p.c

Employer must repay FGWP difference between funds received and amounts paid to retirees/pensioners.

Legislator summary

Legislator headnote

Keywords

Cited Legislation

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