Legislator Case Law & Legislation
II PK 119/04 AI generated

Supreme Court allows partial claim against Ministry of Finance for employee debts after bankruptcy lease termination. Ministry shares liability with bankruptcy trustee for pre-transfer work obligations.

Case Number II PK 119/04
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Partially Allowed

Legislator summary

AI generated

The Supreme Court partially dismissed the cassation appeal, upholding the lower court's decision to hold the Ministry of Finance jointly liable for employee debts arising before the bankruptcy lease termination. The plaintiff, a former employee, sought a work certificate and severance pay after her employer's state-owned enterprise was leased and subsequently abandoned by its bankruptcy trustee. The court ruled that the Ministry, as the entity receiving the leased assets, became the temporary employer and solidarily responsible for pre-transfer obligations under the Labor Code and Civil Code.

Legislator headnote

AI generated

Art. 231 k.p.; Art. 551 pkt 5 k.c.; Art. 393 § 1 k.p.c.: When a bankruptcy trustee terminates a lease on a state-owned enterprise, the Ministry of Finance becomes the temporary employer and solidarily liable for pre-transfer labor obligations if the enterprise is not fully transferred.

Keywords

AI generated
bankruptcy lease termination state enterprise privatization solidary employer liability temporary employer status labor code provisions work certificate issuance severance pay claim

Cited Legislation

AI generated
Art. 231 k.p.
Art. 551 pkt 5 k.c.
Art. 393 § 1 k.p.c.
art. 30 § 1 pkt 2 k.p
art. 36 § 6 k.p
art. 551 k.c
art. 3 k.p
art. 231 § 1 k.p
art. 231 k.p
art. 233 § 1 k.p.c

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