The Act Of 13 July 2006 On The Protection Of Workers ' Claims In The Event Of The Insolvency Of Their Employer

Original Language Title: USTAWA z dnia 13 lipca 2006 r. o ochronie roszczeń pracowniczych w razie niewypłacalności pracodawcy

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Chapter 1 General provisions Article. 1. [range] Act regulates the principles, scope and mode of protection of workers ' claims in the event of inability to satisfy them because of the insolvency of their employer.



Chapter 2 employer Article. 2. [the application of the provisions of the Act] 1. The provisions of the Act apply in the case of the insolvency of their employer as an entrepreneur, as referred to in article. 4 paragraph 1. 1 of the Act of 2 July 2004, the freedom of economic activity (OJ No 173, item 1807., as amended. 2)), situated on the territory of the Republic of Poland of the branch of a foreign bank within the meaning of article 3. 4 paragraph 1. 1 paragraph 20 of the Act of 29 August 1997 – banking law (Journal of laws of 2002 No. 72, item 665., as amended. 3)), as well as foreign trader from the Member States of the European Union or the Member States of the European free trade agreement (EFTA) – the parties to the agreement on the European Economic Agreement, which created the territory of the Republic of Poland a branch or representative office, referred to in the provisions of the freedom of economic activity provided that:-in the case of entrepreneurs from the Member States of the European Union, with the exception of Denmark – it can be to them initiated insolvency proceedings within the meaning of article. 2 (a). (a) or (b). (c) Council Regulation (EC) no 1346/2000 of 29 May 2000 on the procedure upadłościowego4), – in the case of entrepreneurs from Denmark and the Member States of the European free trade agreement (EFTA) – the parties to the agreement on the European Economic Agreement may be against them considered as the main foreign insolvency proceedings referred to in the provisions of the law of 28 February 2003 – bankruptcy and rehabilitation law (Journal of laws No. 60 , item. 535, as amended. – 5)) relating to international insolvency proceedings, in the case of entrepreneurs doing business on the territory of the Republic of Poland, as well as branches of foreign banks – separate provisions do not exclude the possibility of advertising on the territory of the Republic of Poland of the bankruptcy of such employer, in the case of entrepreneurs from the Member States of the European Union and the Member States of the European free trade agreement (EFTA) – the parties to the agreement on the European Economic Agreement operating in the Republic of Poland as a branch of a credit institution or an insurance undertaking-can be brought to a credit institution or an insurance undertaking bankruptcy , the composition proceedings or other similar proceedings, and at the same time employs, in accordance with the provisions of the Polish law, at least one natural person in connection with the territory of the Republic of Poland economic activities or the activities of the Agency.

2. The insolvency of an employer referred to in paragraph 1. 1, does not occur in relation to legal persons subject to entry in the register of associations, social and professional organizations, foundations and independent public health care facilities referred to in section 3 of the Act of 20 August 1997, of the national court register (Journal of laws of 2007, # 168, poz. 1186, as amended. 6)), entered into the register of entrepreneurs with business all of the units, on the basis of separate regulations, to the public finance sector, as well as natural persons engaged in household with people performing paid work on the farm.

Article. 3. [the provisions of the bankruptcy court] 1. Insolvency of the employer, referred to in article 1. 2. 1, occurs when a bankruptcy court, bankruptcy and reorganization law, shall issue a decision on: 1) the Declaration of bankruptcy of the employer covering the liquidation of the debtor's assets;

2) the bankruptcy of the employer, with the possibility of the conclusion of the agreement;

3) change the terms of the bankruptcy with the possibility of the conclusion of the bankruptcy involving liquidation of the debtor's assets;

4) dismissal of application for a declaration of bankruptcy of the employer, if his property is not sufficient to meet the costs of the proceedings;

5) dismissing application for a declaration of bankruptcy in the event of a finding that the debtor's assets is charged to the mortgage, Lien, liquidations, tax lien or mortgage the sea to such an extent that the remainder of his fortune is not sufficient to meet the costs of the proceedings.

2. the date of insolvency is the date of adoption of the order of the bankruptcy court bankruptcy of the employer in cases referred to in paragraph 1. 1 paragraphs 1 and 2, the date the provisions of the insolvency court dismissing application for a declaration of bankruptcy of the employer in cases referred to in paragraph 1. 1, paragraphs 4 and 5, the date when the provisions to change the conduct of insolvency proceedings referred to in paragraph 1. 1 paragraph 3.

Article. 4. [the opening of bankruptcy proceedings and compositions in the EU Member States and EFTA countries] 1. Insolvency of the employer, referred to in article 1. 2. 1, also in the case of insolvency proceedings, composition proceedings or of any other similar proceedings in the Member States of the European Union or in the Member States of the European free trade agreement (EFTA) – sides of the agreement on the European economic area to credit institutions and insurance undertakings established in those countries.

2. The insolvency of the employer, referred to in article 1. 2. 1, even if the foreign court will issue a ruling, which is not initiated bankruptcy proceedings in view of the finding of definitive closure of companies or because of insufficiency of assets to cover the costs of the proceedings.

3. the date of insolvency is date of issue by the foreign court decisions in the case referred to in paragraph 1. 1 or in paragraph 2. 2. Article. 5. [a decision on recognition of the foreign main insolvency proceedings] 1. Insolvency of the employer, referred to in article 1. 2. 1, it is also where, in accordance with the provisions of the bankruptcy and reorganization Law on international insolvency proceedings, by the bankruptcy court, provisions on recognition of foreign main insolvency proceedings opened to foreign entrepreneurs from Denmark or of the Member States of the European free trade agreement (EFTA) parties to the agreement on the European economic area.

2. The insolvency of the employer, referred to in article 1. 2. 1, also occurs in the case where the foreign court will issue a ruling, which is not initiated bankruptcy proceedings in view of the finding of definitive closure of companies or because of insufficiency of assets to cover the costs of the proceedings.

3. the date of insolvency is the date of issue by the bankruptcy court, provisions on recognition of foreign insolvency proceedings referred to in paragraph 1. 1, or date of issue by the foreign court decision referred to in paragraph 1. 2. Article. 6. [the insolvency of the employer and the provisions of the EU] 1. Insolvency of the employer, referred to in article 1. 2. 1, there is also, when: 1) a judicial authority or any other competent authority of the Member State of the European Union, excluding Denmark, entitled to the opening of insolvency proceedings shall issue, in accordance with article 5. 3 paragraphs 1 and 2. 1 of Council Regulation (EC) no 1346/2000, decision on the initiation to the trader or the trader of the foreign insolvency proceedings referred to in article 1. 2 (a). or (c) of this regulation, and shall appoint a receiver or 2) the judicial authority or any other competent authority of the Member State of the European Union, excluding Denmark, entitled to the opening of insolvency proceedings shall issue, in accordance with article 5. 3 paragraphs 1 and 2. 1 of Council Regulation (EC) no 1346/2000, judgment, according to which is not initiated bankruptcy proceedings in view of the finding of definitive closure of companies or because of insufficiency of assets to cover the costs of the procedure, or 3) the bankruptcy court will issue, in accordance with article 5. 3 paragraphs 1 and 2. 2 and 4 of Council Regulation (EC) no 1346/2000, decision on the Declaration of bankruptcy of a foreign entrepreneur, with effects limited to the assets of the debtor located in the territory of the Republic of Poland.

2. the date of insolvency is the date of the decision referred to in paragraph 1. 1 paragraph 1, the date of the decision referred to in paragraph 1. 1 point 2, or date of issue by the bankruptcy court, the provisions of the bankruptcy of a foreign entrepreneur, referred to in paragraph 1. 1 paragraph 3.

Article. 7. [the notice in the Gazette and economic] in the cases referred to in article 1. 6 paragraph 1. 1 paragraph 1, the administrator shall, within the meaning of article 3. 2 (a). (b) of Council Regulation (EC) no 1346/2000, the headlines in the Gazette and the release of the decision opening the insolvency proceedings, the decision on the appointment of the trustee and the person of the administrator. The notice contains an important content of the decision opening the proceedings and the decision on the appointment of the trustee, information managers, and that the jurisdiction of the Court is clear from art. 3 paragraphs 1 and 2. 1 of Council Regulation (EC) no 1346/2000.


Article. 8. [Niezaspokojenie by the employer pay claims due to a lack of financial resources] 1. Insolvency of the employer, referred to in article 1. 2. 1, it is also where the national proceedings in the event of a loss by the employer pay claims due to a lack of financial resources: 1) pursuant to the provisions of the bankruptcy and reorganization law, the bankruptcy court will issue a decision on the closure of the insolvency proceedings involving the liquidation of the assets of the bankrupt, if: (a) the assets remaining after the it is turned off) assets of the debtor mortgages, Lien, liquidations, tax lien or mortgage sea is not sufficient to meet the costs of the proceedings , b) creditors required by resolution of the creditors or by order of the referee not made within the prescribed period of the advance on costs of proceedings, and there is no liquid funds on those costs;

2) initial authority shall take a decision on the implementation of the winding-up proceedings to State enterprise, if the liquidation is not the result of a transformation, merger or Division of the company;

3) the Court determines that the solution the company within the meaning of the provisions of the Act of 15 September 2000, commercial code (Journal of laws No. 94, item 1037, as amended. 7));

4) the competent minister for Economic Affairs shall issue, pursuant to the provisions of the freedom of economic activity, a decision on the prohibition of the exercise of an economic activity, performed on the same basis as Polish entrepreneurs, by a foreign trader within the created branch established in the territory of the Republic of Poland;

5) the competent minister for Economic Affairs shall issue, pursuant to the provisions of the freedom of economic activity, a decision on the prohibition of the exercise of the activity by the entrepreneur, in the framework of the established representative offices established in the territory of the Republic of Poland;

6) in accordance with the provisions of art. 7-7, and the Act of 19 November 1999-Business Law (Journal of laws No. 101, item 1178, as amended. 8)), or the provisions of the freedom of economic activity registration authority shall the employer who is a natural person with records of economic activity as a result of a notice of discontinuation of establishment or permanent cessation of the exercise of the employer's business.

2. the date of insolvency is the date when the provisions of the bankruptcy court about the closure of insolvency proceedings in the case of employers referred to in paragraph 1. 1 paragraph 1, the date of the decision in the cases referred to in paragraph 1. 1 paragraphs 2, 4 and 5, the date when the decision of the Court referred to in paragraph 1. 1, paragraph 3, or the date of cancellation, referred to in paragraph 1. 1 point 6.



Article. 8A. [employer] [1] 1. Insolvency of the employer, referred to in article 1. 2. 1, also in the event of loss pay claims due to a lack of financial resources for the actual cessation of activities by the employer, lasting longer than 2 months.

2. The date of the insolvency of their employer is the day of expiry of the time limit referred to in paragraph 1. 1. Chapter 3 of the employer, an employee of the Article. 9. [contributions to the employee benefits Guaranteed Fund], referred to in article 2. 2. 1, established exclusively on the territory of the Republic of Poland, the trader established also in the territory of the other Member States of the European Union or the Member States of the European free trade agreement (EFTA) parties to the agreement on the European economic area in relation to the activities carried out on the territory of the Republic of Poland, a branch of a foreign bank, a branch of a credit institution or a branch of a foreign insurance undertaking, as well as a branch or representative office of a foreign entrepreneur , hereinafter referred to as the "employer", is obliged to pay contributions for employees on employee benefits Guaranteed Fund, hereinafter referred to as "the Fund".

Article. 9A. [employees returning from maternity leave, additional leave, maternity or parental leave] [2] the employer referred to in the article. 9, does not pay contributions to the Fund for employees returning from maternity leave, under the terms of the additional maternity leave, maternity leave, additional leave under the terms of maternity leave, parental leave or parental leave during the period of 36 months starting from the first month after returning from maternity leave, under the terms of the additional maternity leave, maternity leave, additional leave under the terms of maternity leave, parental leave or parental leave.

Article. 9B. [contributions to the Fund and the age of the employee] 1. The employer referred to in the article. 9, does not pay contributions to the Fund for a period of 12 months, starting from the first month after the conclusion of the contract of employment, for employees who have completed 50 years of age and during the 30 days prior to employment remained in the records of unemployed persons the district labour office.

2. the employer, referred to in article 2. 9, does not pay contributions to the Fund for employees who have reached the age of at least 55 years for women and 60 years for men.

Article. 10. [employee-definition] an employee referred to in the article. 9, is a natural person who, in accordance with the provisions of the Polish law, remains with the employer in an employment relationship or is employed under a contract of employment processing or performs work under an agency agreement or contract or other agreement for the provision of services, to which, in accordance with the Act of 23 April 1964 – Civil Code (OJ No 16 item 93, as amended. 9)) , shall apply the rules concerning the order, or is gainfully employed on a basis other than an employment relationship for an employer that is an agricultural production cooperative, cooperative society of the machinery rings or another cooperative engaged in agricultural production, if this title shall be subject to the pension and insurance schemes, with the exception of the spouse of the employer, as well as his own children, children of the other spouse and adopted children, parents, stepmother and stepfather and adoptive parents and siblings, grandchildren, grandparents, sons-in-law and daughters-in-law with regard, bratowych, szwagierek and szwagrów and people engaged in gainful employment in the household.



Chapter 4 Scope and the settlement of claims from the Fund of guaranteed employee benefits Article. 11. [to satisfy the employees ' claims] in the event of the insolvency of their employer are met the claims of workers referred to in article 1. 10, as well as former employees and entitled to a survivor's pension family members of the deceased employee or a deceased former employee.

Article. 12. [satisfaction of claims from the Fund] 1. In the event of the insolvency of their employer unsatisfied claim, hereinafter referred to as "claims", are subject to the satisfaction of the Fund.

2. Meet with the resources of the Fund shall be subject to the main duties: 1) remuneration for work;

2) remedies available to the employee on the basis of generally applicable laws: a) remuneration for the time due the employee downtime, for inactivity (exemption from work) and by the time another justified absence at work, b) remuneration for the time an employee's inability to work due to illness, referred to in article 1. 92 of the Act of 26 June 1974-labour code (Journal of laws 1998, No 21, item 94., as amended. 10)), c) remuneration for annual leave time, d) monetary admission quota on the basis of the provisions of the specific rules for resolving labor relations with employees for reasons of non-employees, e) cash payment for annual leave, referred to in article 2. 171 section 1 of the labour code, payable for the calendar year in which the employment relationship is terminated, f) compensation, referred to in article 2. 361 § 1 of the labour code, g) compensatory allowance referred to in article 2. 230 and 231 of the labour code;

3) social security contributions payable by employers on the basis of the provisions of the social insurance system.

3. claims of the titles listed in paragraph 1. 2, paragraph 1, point 2 (a). and (c) and (e). (g) and paragraph 3 shall be subject to meet for a period not longer than 3 months prior to the date of the employer's insolvency or for a period of not more than 3 months prior to the termination of the employment relationship, if the termination of the employment relationship is in not more than 9 months before the date of the insolvency of their employer.

4. the claim referred to in paragraph 1. 2 paragraph 2 (a). (e) shall be subject to the satisfaction, if the termination of the employment relationship occurred in a period of not more than 9 months before the date of the insolvency of their employer.

5. claims of the titles listed in paragraph 1. 2 paragraph 2 (a). (d) and (e). (f) shall be subject to the satisfaction, if the termination of the employment relationship occurred in a period of not more than 9 months before the date of the insolvency of their employer, or in a period of not more than 4 months following that date.

6. claims of the titles listed in paragraph 1. 2 subject to meet also in the case where permission to them rise on which date of the employer's insolvency or the date of termination of the employment relationship.




Article. 12A. [payment of the advance on the unmet by the employer to the employee claims] 1. In the case referred to in article 1. 8A paragraph. 1, Marshal shall pay, at the request of an employee, an advance on the unmet by the employer pay claims, in the amount of outstanding claims referred to in article 1. 12 paragraph 1. 2, not more than the amount of the minimum remuneration for work, determined on the basis of separate provisions, in force on the date of payment of the advance.

2. the application referred to in paragraph 1. 1, consists of was, as referred to in article. 15 paragraph 1. 3. In the application, the employee is obliged to make a statement about having an employment relationship with a given employer, type of unmet pay claims and their height and giving rise to the fact that an instance of the insolvency of their employer, or to prove the fact of submission of the application for a declaration of bankruptcy. Provision of art. 16 shall apply mutatis mutandis.

3. The declaration referred to in paragraph 1. 2, an employee consists of under penalty of perjury, what should the applicant advised before submitting the Declaration.

4. In the case of the employee's application for payment of benefits under the actual cessation of activities by the employer to the Marshal has the right to obtain the necessary information, in particular as regards: the Declaration and payment of applicable taxes at the tax office, unregister the employees or the payer of social insurance, the findings by the State labour inspection in the framework of the employer carried out checks and inspections, the findings made by the bailiff in the course of enforcement proceedings against the employer.

5. the Marshal has the right to ask the employer's evidence of actual cessation of activities, including access to the documentation in the place of business of the employer.

6. the payment of the remaining outstanding pay claims, as well as claims of former employees or persons entitled to the survivor's family members of the deceased employee or a deceased former employee can take place on the basis of a proposal made in the manner and on the terms referred to in article 1. 16. Article. 13. [re-occurrence of insolvency] in the case of insolvency, referred to in article 1. 3-8a, in respect of the employer the provisions concerning the settlement of claims from the resources of the Fund may not have again apply to the same employees in the same claims, the claims of the titles listed in the article. 12 paragraph 1. 2, paragraph 1, point 2 (a). and (c) and (e). (g) and paragraph 3 shall be subject to the satisfaction of the total for the period not longer than 3 months.

Article. 14. [amount of] 1. In the case of payment of benefits from the Fund in respect of claims referred to in article 1. 12 paragraph 1. 2, paragraph 1 and paragraph 2 (a). and (c) and (e). g the total amount of benefits for a period of one month may not exceed the average monthly wage from the previous quarter, from the date of its announcement by the President of the Central Statistical Office in the official journal of the Republic of Poland "Monitor Polish", issued on the basis of the provisions on pensions and pensions from the social insurance fund.

2. In the case of payment of benefits in respect of a claim referred to in article 1. 12 paragraph 1. 2 paragraph 2 (a). (e) the service shall not exceed the amount of the average monthly wage referred to in paragraph 1. 1.3. In the case of payment of benefits in respect of a claim referred to in article 1. 12 paragraph 1. 2 paragraph 2 (a). (d) or (e). (f) the provision shall not exceed the amount of the average monthly wage referred to in paragraph 1. 1, or its multiples, in the case where the claim is a multiple of salary which is the basis for its findings.

4. in the case when the judge-Commissioner shall issue, in accordance with the provisions of the bankruptcy and reorganization Law, order that a particular part of the remuneration for work an employee performing tasks in the Board of Directors of a company or the remuneration of a person providing services related to the management of the bankrupt company, referred to in the contract of employment or service agreement concluded before filing for bankruptcy, or the specified part of benefits in connection with the termination of employment or contract for services related to the management of the company is ineffective in relation to insolvency and the amount of parts in relation to the effective are lower than the average monthly remuneration, as referred to in paragraph 1. 2-the amount of benefits paid may not exceed the amount of the claim, respectively, effective bankruptcy.

Article. 14A. [Request for advances to meet unmet benefits] 1. In the period from the date of submission of the application for a declaration of bankruptcy of the employer meeting the requirements indicated in article 1. 22-25 of the Act of February 28, 2003.-bankruptcy and rehabilitation law (Journal of laws No. 60, item 535, as amended) until the date of adoption by the Court of provisions on the Declaration of bankruptcy, the employer may submit to the Marshal of the application for payment of the advances intended to meet unmet employee benefits referred to in article 1. 12 paragraph 1. 2, in the amount of benefits payable to an employee, the holder of unmet no higher than the height of the minimum wage, established on the basis of separate provisions, in force on the date of payment of the advance.

2. the application shall include the summary list of outstanding pay claims, which shall apply mutatis mutandis to article. 15 paragraph 1. 1, and a copy of the application for a declaration of bankruptcy filed in court along with attached to it.

3. The advance referred to in paragraph 1. 1, are paid directly to the employee.

Article. 15. [summary list of unmet claims] 1. During the period of one month from the date of the insolvency of their employer the employer, trustee, liquidator or any other person who has wealth management employers shall establish and consists of was of the summary list of outstanding claims, hereinafter referred to as "bulk list ', specifying the persons entitled referred to in article 1. 10, and the titles and the amount of claims requested to meet with the Fund's resources. Summary list of includes the claim of the periods prior to the date of the insolvency of their employer.

2. where settlement shall be subject to the claim of the periods following the date of the insolvency of their employer, an entity referred to in paragraph 1. 1 shall be drawn up and was made up of of immediately after termination of employment of persons entitled supplementary lists; the lists include an indication these people and titles and amount of claims.

3. The summary list of and supplementary lists consists of the competent province was due to head office of the employer.

4. Marshal, referred to in paragraph 1. 3, after a bulk list or supplementary list compatibility with the provisions of the Act shall immediately correct the financial resources of the Fund to the company referred to in paragraph 1. 1, which pays qualified individuals the benefits provided for in the Act.

Article. 16. [payment of benefits on the basis of a proposal from] 1. Payment of benefits may be made on the basis of a proposal from an employee, former employee or entitled to a survivor's pension family members of the deceased employee or a deceased former employee.

2. the application referred to in paragraph 1. 1, consists of was, as referred to in article. 15 paragraph 1. 3, no earlier than two weeks after the deadlines for the submission of the list or the supplementary list referred to in article 1. 15 paragraph 1. 1 and 2.

3. the Marshal of referred to in article 1. 15 paragraph 1. 3, shall pay immediately after finding that the application includes claims, subject to the satisfaction of the Fund and shall immediately inform the employer, trustee, liquidator or any other person exercising the employer's asset management.

Article. 17. [Conditions not for cumulative list of claims] 1. Provision of art. 15 paragraph 1. 1 shall not apply in the event of the insolvency of their employer, which occurs in the case of: 1) release by the bankruptcy court, provisions on recognition of foreign main insolvency proceedings opened to foreign entrepreneurs from Denmark or from the Member States of the European free trade agreement (EFTA) parties to the agreement on the European economic area;

2) release, in accordance with article 5. 3 paragraphs 1 and 2. 1 of Council Regulation (EC) no 1346/2000, by a judicial authority or any other competent authority of the Member State of the European Union, with the exception of Denmark shall be entitled to open insolvency proceedings of foreign entrepreneurs in these countries, the decision opening to the trader or the trader of the foreign insolvency proceedings referred to in article 1. 2 (a). or (c) of the regulation, and the appointment of the liquidator;

3) release by a foreign court decision opening insolvency proceedings, composition proceedings or of any other similar proceedings in the Member States of the European Union or in the Member States of the European free trade agreement (EFTA) – sides of the agreement on the European economic area, to credit institutions and insurance undertakings established in those States;


4) in Member States of the European Union or in the Member States of the European free trade agreement (EFTA) – sides of the agreement on the European economic area, by a judicial authority or any other competent authority or a foreign court decision, according to which is not initiated bankruptcy proceedings in view of the finding of definitive closure of companies or because of insufficiency of assets to cover the costs of the proceedings in respect of the foreign entrepreneur , a credit institution or a foreign insurance undertaking.

2. In the cases referred to in paragraph 1. 1 payment of benefits may be made only on the basis of a proposal from an employee, former employee or entitled to a survivor's pension family members of the deceased employee or a deceased former employee, was, as referred to in article. 15 paragraph 1. 3.3. In the cases referred to in paragraph 1. 1 paragraph 4, person authorized within the meaning of the freedom of economic activity to represent a foreign trader in a branch office or subsidiary, or a person representing a credit institution or a foreign insurance undertaking shall, in the event of a loss by the employer pay claims due to a lack of financial resources: 1) was, as referred to in article. 15 paragraph 1. 3: a) a copy of the judgment issued by a judicial authority or any other competent authority empowered to open insolvency proceedings, (b)) a certified translation of the judgment on the Polish language, c) drawn up in the language of the Polish of the substantial content of the judgment, the date of its issue and the branch office or representation, including data on entry into the national court register or the register of representations of foreign entrepreneurs, referred to in the provisions of the freedom of economic activity;

2) shall inform the persons referred to in paragraph 1. 2 of the transfer document referred to in paragraph 1.

4. In the cases referred to in paragraph 1. 1 Marshal of referred to in article 1. 15 paragraph 1. 3, shall pay benefits immediately upon becoming aware of: 1) in the cases referred to in paragraph 1. 1 paragraph 1-issue, in accordance with the provisions of the bankruptcy and reorganization Law on international insolvency proceedings, by the bankruptcy court, provisions on recognition of foreign main insolvency proceedings opened to foreign entrepreneurs from Denmark or of the Member States of the European free trade agreement (EFTA) parties to the agreement on the European economic area or 2) in the cases referred to in paragraph 1. 1 point 2-appears in the Gazette and the economic of the notice referred to in article 2. 7, or 3) in the cases referred to in paragraph 1. 1 paragraph 3-publication in the official journal of the European Union of the decision of a foreign court to open insolvency proceedings, composition proceedings or of any other similar proceedings to foreign credit institutions or insurance undertakings, or 4) in the cases referred to in paragraph 1. 1 paragraph 4-obtain documents in ust. 3, from an authorized person within the meaning of the freedom of economic activity to represent a foreign trader in a branch office or representation or the person representing a credit institution or a foreign insurance undertaking and 5) that the application has made a person referred to in paragraph 1. 2, entitled to benefits because of the insolvency of their employer as referred to in paragraph 1. 1 and 6) that the application concerns unmet claims subject to meet from the resources of the Fund.

Article. 18. [the application of the provisions of the administrative procedure code] in the proceedings referred to in article 2. 15-17, shall apply mutatis mutandis the provisions of the law of 14 June 1960 – administrative procedure code (Journal of laws of 2000 No. 98.1071, as amended. 11)), with the exception of the provisions relating to the issuance of the decision and conditions.

Article. 19. [notification of protection claims and the amount of paid benefits] 1. In the event of payment of benefits in the cases referred to in article 1. 17 paragraph 1. 4 for the protection of workers ' claims and the amount of paid benefits: 1) Marshal of the competent due to established an employer shall notify the administrator of the Fund;

2) the authorising officer shall notify the Fund appropriate guarantee institution.

2. in the event of payment of benefits in the case of the notice by the bankruptcy court bankruptcy of the employer or by the bankruptcy court ruling dismissing the reasons referred to in article 1. 3 paragraphs 1 and 2. 1, paragraphs 4 and 5, the application for bankruptcy of the employer, also established on the territory of the other Member States of the European Union or the Member States of the European free trade agreement (EFTA) parties to the agreement on the European economic area, the authorising officer shall Fund provide information the guarantee institutions of the countries in which the bankrupt employer carries on business.

3. The authorising officer shall Fund communicates and cooperates with the competent authorities of the Member States of the European Union and the Member States of the European free trade agreement (EFTA) parties to the agreement on the European economic area also in other matters relating to the settlement of claims in the event of the insolvency of their employer.

Article. 20. [denial of payment of benefits] 1 to refuse the payment of benefits, in whole or in part, as specified in art. 15-19 Marshal shall notify immediately in writing to the person concerned, stating the reasons for that refusal.

2. Disputes arising in connection with the denial of the payment of benefits from the resources of the Fund shall give the competent court in matters of labour law.

Article. 21. [Execution of the financial resources of the Fund] 1. The financial resources of the Fund provided for the payment of benefits may be subject to executions carried out only for the benefit of the people, for which it was provided.

2. Benefits paid from the Fund can be deducted the advance on income tax from natural persons, social insurance contributions funded by the insured, health insurance contributions, as well as a maintenance allowance under the conditions laid down in the labour code to deduct these dues from wages.

Article. 21A. [payment of other benefits from the resources of the Fund] from the resources of the Fund can be paid also other benefits on the terms specified in separate laws, as long as the Fund receives additional funding for their payment.

Article. 22. [Delegation] the competent Minister working in consultation with the competent Minister of public financies shall determine, by regulation, the outer patterns list and supplementary lists referred to in article 1. 15 paragraph 1. 1 and 2, and the pattern of the application referred to in article. 16 paragraph. 1 and art. 17 paragraph 1. 2, and their submission, as well as transfers of funds of the Fund and making payments from the Fund, bearing in mind the readability and completeness of the models and taking into account the data authorised persons necessary for the transfer of funds and withdrawals from the financial resources of the Fund.



Article. 22A. [Delegation] the competent Minister working in consultation with the competent Minister of public financies shall determine, by regulation, the patterns of applications referred to in article 1. 12A paragraph 1. 1 and art. 14A paragraph 6. 1, and their submission, as well as the mode of transfers of funds of the Fund, bearing in mind the readability and completeness of the models and taking into account the data authorised persons necessary for the transfer of funds and withdrawals from the financial resources of the Fund.



Chapter 5 the scope and mode of repayment to the Fund of guaranteed employee benefits Article. 23. [the claim for refund paid benefits] 1. The transfer of financial resources of the Fund for the payment of benefits, and payment of benefits from the Fund under the law causes the transition to marshal, acting on behalf of the administrator of the Fund, the claims against the employer, the liquidator or any other person who manages the assets of the employer or of the claim in bankruptcy for the reimbursement of paid benefits.

2. In the investigation of return paid benefits claims on the Fund shall benefit from the same legal protection as separate legislation provides for payment for the work.

3. The authorising officer shall fund may specify the conditions for the refund, in particular spread, postpone the deadline for payment or to withdraw in whole or in part, to assert a refund, or terminate, in whole or in part, claims, when there is a refund or enforcement proceedings in relation to individuals not involved in business activity or entrepreneurs who permanently cease doing business due to the stay in liquidation or bankruptcy If taking such a decision by the authorising officer of the Fund: 1) leads to the recovery of the return of a higher amount than if such a decision were taken, or 2) the investigation is related to the incurring costs far exceeding the height of the asserted amount, or


3) in the case of natural persons – when the person demonstrates that due to financial status and family situation, including the obtaining of income, preventing pay into the Fund, is not able to repay the debts at one time or in full, because it would cause too severe consequences for her and her family, in particular would deprive this person and her family the possibility of satisfying the necessary subsistence needs.

4. The authorising officer shall fund may specify the conditions for the refund, in particular spread, postpone the deadline for payment, when refund or enforcement proceedings in relation to entrepreneurs, in such a way as not to constitute a State aid within the meaning of the provisions on State aid.

5. The authorising officer shall fund may specify the conditions for the refund, in particular spread, postpone the deadline for payment or to withdraw in whole or in part, to assert a refund, or terminate, in whole or in part, claims, when there is a refund or enforcement proceedings in relation to the entrepreneurs who: 1) are not in difficulty within the meaning of paragraphs 9 to 11 of the communication from the Commission-Community guidelines on State aid for rescuing and restructuring firms in difficulty (OJ. C 244 of 01.10.2004, p. 2, as amended. d.), in accordance with the principles of de minimis aid laid down in Commission Regulation (EC) No 1998/2006 of 15 December 2006 on the application of article 81(3). 87 and 88 of the Treaty to de minimis aid (OJ. EU L 379, 28.12.2006, p. 5), or 2) are in difficulty within the meaning of paragraphs 9 to 11 of the communication from the Commission-Community guidelines on State aid for rescuing and restructuring firms in difficulty, in accordance with the rules on public aid for restructuring.

6. The authorising officer shall fund may release payment in whole or in part in cases of the total it trade when: 1) it is reasonable to assume that enforcement does not get to the amount in excess of the costs of the investigation and recovery, or 2) a natural person died, leaving no assets, or left movable property subject to execution on the basis of separate regulations and at the same time, there are no heirs other than the State Treasury or local government unit , or 3) a legal person or an organizational unit without legal personality, which separate the law recognizes the legal capacity, was removed from the relevant register, while lack of assets, with which to enforce payment and responsibility does not pass by operation of law to any third party, or 4) the bankruptcy court issued a decision referred to in article 2. 3 paragraphs 1 and 2. 1 paragraphs 4 or 5 or to article. 8 paragraph 1. 1 (1) (a). a. 7. The total declared irrecoverable occurs even if the legal person or an organizational unit, referred to in paragraph 1. 6 paragraph 3, despite the niewykreślenia with the proper registry does not actually exist.

8. The authorising officer shall fund may release payment in whole or in part, when the enforcement in relation to individuals not involved in business activity or entrepreneurs who permanently cease doing business, has been discontinued in its entirety.

9. In the case of premises referred to in paragraph 1. 3-8, Marshal of competent for the registered office of the employer shall request the administrator of the Fund about the determination of the conditions for a refund, in particular the distribution of HP, postpone payment or waiver, in whole or in part, to assert a refund or remission, in whole or in part.

10. the provision of paragraph 1. 1 does not apply to the payment of benefits in the cases referred to in article 1. 17 paragraph 1. 1.11. The competent Minister work will determine, by regulation, the detailed scope of the information contained in the request referred to in paragraph 1. 9 and art. 23A para. 3, bearing in mind the need to ensure the accuracy and the speed of the proceedings.



Article. 23A. [the Fund Agreement with the debtor in the determination of the conditions for reimbursement] 1. The authorising officer shall fund may conclude with the debtor, who has entered into an arrangement with creditors in the insolvency proceedings, the determination of the conditions for the refund, in particular spread, postpone the deadline for payment, if it leads to the refund in full.

2. If the conditions for reimbursement referred to in paragraph 1. 1, constitute State aid, the agreement may be concluded only in accordance with the provisions relating to public aid for restructuring aid within the meaning of the communication from the Commission-Community guidelines on State aid for rescuing and restructuring firms in difficulty.

3. In the case of premises referred to in paragraph 1. 1, Marshal of competent for the registered office of the employer shall request the administrator of the Fund about to specify the conditions for reimbursement.



Chapter 6 funding of employee benefits Guaranteed Fund Article. 24. [the authorising officer shall Fund] 1. The Fund is a public fund it.

2. Have the Fund is the competent minister.

3. The authorising officer shall fund: 1) may acquire rights and enter into obligations, subject to article 22. 26, sue and be referred;

2) manages and occurs in legal transactions, under the name of employee benefits Guaranteed Fund, with its registered office in Warsaw. At the administrator of the Fund is to his office address.

4. the right of representation of the Fund are entitled to dysponentowi Fund and acting on his behalf, on the basis and to the extent granted power of Attorney delegate administrator of this Fund.

5. the property Fund checked in in the books, the authorising officer shall fund may lease or rent to natural or legal persons, on the principles set out in the provisions of the civil code.

6. the property of the Fund, the authorising officer shall fund may pass in the Board where the management of a separate part of the property on behalf of the administrator of the Fund, on the basis of a contract for a specified period of time free of charge or for a consideration or in use of time free of charge or against payment to the Fund.

7. Transfer of real estate in the free use is possible, provided that the whole of your estate is intended exclusively for purposes related to the implementation of the tasks of the Fund.

Article. 25. [Income Fund] 1. The income of the Fund shall be: 1) contributions paid by the employers;

2) interest from the free resources provided in the management in accordance with the provisions of the public finance;

3) records and donations;

4) voluntary contributions of employers;

5) interest on the refund of sums paid titled benefits, returned after the deadline;

6) a positive difference values from the sale of properties and related rights and its equivalent referred to in paragraph 1. 2;

7) budgetary grant;

8) revenue from the disposal of shares and the shares covered by the Fund before 1 January 2002;

9) funds from the EU funds;

10) other income.

2. The proceeds of the Fund are: 1) refunds of sums paid employee benefits and the equivalent in real estate and related rights acquired by the authorising officer of the Fund for unpaid within the time limit for claims paid benefits and security;

2) claims arising from rental and lease of property;

3) other income specified in separate regulations.

3. Referred to in paragraph 1. 1 and 2 of the revenue and receipts are submitted to the bank account of the Fund.

Article. 26. [borrowing and lending to meet claims] the authorising officer shall Fund may, with the consent of the proper Minister of public financies, take out loans and loans for the satisfaction of claims referred to in article 1. 12. Article. 26A. [the use of foreign] Holder of the Fund may take measures relating to the implementation of the statutory tasks of foreign funds.

Article. 27. [Purpose Fund] 1. The Fund shall be allocated to the financing of the benefits referred to in article 1. 14, in respect of claims referred to in article 1. 12, and to cover the costs of investigation and Recovery Fund, as well as of the costs referred to in article 1. 31 para. 3.1a. The Fund shall be allocated also to the financing of tasks arising from other laws. The authorising officer shall fund may make transfers provided for in the plan of the Fund for the financing of individual jobs and to fund new, unforeseen in the task plan in the event of the introduction of the law, however, that the total amount of funds for the financing of the tasks arising from the protection of workers ' claims in the event of the insolvency of their employer should not be reduced to its final destination for other purposes.

2. (repealed).

3. The authorising officer shall Fund passes on the extracted from the bank account of the local Government of the Fund for the implementation of the tasks for the satisfaction of claims, as well as the investigation of their return to the extent and on the terms specified in the law, measures to finance the costs of employing people, referred to in article 1. 31 para. 3, and to finance operating costs related to the execution of the tasks.

4. The Fund submitted to the bank account may be used only on the tasks referred to in paragraph 1. 3.




Article. 27. [Delegation] the competent Minister work will determine, by regulation, the scope of information relating to the economy Fund resources, provided by the marshals provinces dysponentowi Fund, and time limits for their transfer, bearing in mind the need to ensure a proper economic measures Fund.

Article. 28. [contributions to the Fund-costs employers] 1. Contributions to the Fund, referred to in article 1. 9, shall be charged to the operating costs of employers.

2. the employer after the date of its insolvency is not obliged to pay contributions to the Fund.

Article. 29. [amount of contributions to the Fund] 1. Contributions to the Fund shall be determined from the payments on the basis of contribution to the pension scheme without applying the restrictions referred to in article 2. 19 paragraph. 1 of the Act of 13 October 1998 on the social insurance system (Journal of laws No. 137, item 887., as amended. 12)).

2. the amount of the contributions to the Fund determines the budget law.

3. pending the determination of the amount of contributions in the budget law shall apply to the contribution in the amount determined for the preceding year. After the determination of the quantum of contributions in the budget law for the contributions they make elevation corrections of payments from the beginning of the financial year, in the first month following the month in which it was announced budget law.

Article. 30. [Collection of contributions to the Fund] 1. Collection of contributions to the Fund of social insurance shall be made on a monthly basis, including the social insurance contributions and the amounts collected the title of contributions shall, to a bank account of the Fund by 15. day of the following month.

2. as regards the collection of contributions to the Fund, the execution of these contributions, the calculation of interest on arrears and additional fees and fine for non contributions within the provisions concerning social security contributions.

3. the costs of collection of contributions to the Fund shall be charged to the bank account of the Fund and are returned to the insurance undertaking of the Society in the amount of 0.5% of the revenue contributions to the Fund.

4. in the event of your failure to provide contributions to the bank account of the Fund within the time limits referred to in paragraph 1. 1, from the social insurance due are statutory interest.



Chapter 7 the tasks of public authority Article. 31. [the realization of tasks from the scope of the protection of workers ' claims] 1. Specified in the task settings from the scope of the protection of workers ' claims are pursuing the competent minister of work and marshals provinces using provincial labour offices.

2. Marshals provinces shall draw up each year, within the time limits set by the administrator of the Fund, contributions to the plans.

3. the measures for the compensation of employees performing tasks for the protection of workers ' claims and other costs to handle the marshals provinces receive on the basis of the limits laid down by the authorising officer of the Fund in the financial plan of the Fund.

Article. 32. (repealed).

Article. 33. (repealed).

Article. 34. (repealed).

Article. 35. (repealed).

Article. 36. (repealed).

Article. 37. (repealed).

Article. 38. (repealed).

Article. 39. [the Supreme Employment Council] 1. An advisory body in matters of Fund trustee Advisory Fund is the Supreme Employment Council, established on the basis of the provisions on employment promotion and labour market institutions.

2. The tasks of the Council in the cases referred to in paragraph 1. 1, in particular: 1) delivering opinions on the annual financial plans and reports on the implementation of these plans;

2) expressing opinions on borrowing and loans referred to in article 1. 26;

3) (repealed);

4) (repealed).



Chapter 7a Control Article. 39A. [control] 1. The authorising officer shall fund may perform on Marshal of the controls: 1) spending the resources of the Fund in accordance with its intended purpose;

2) comply with the rules and procedures of spending the resources of the Fund;

3) proper documentation and clearance received and expended the resources of the Fund;

4) the correctness of the claim to the Fund;

5) regularity of the implementation of the financial plan.

2. the Controller is obliged to share any documents and give explanations on matters falling within the scope of control.



Article. 39B. [the controller] 1. The activities referred to in article 1. 39A, on behalf of and under the authority of the administrator of the Fund, shall be an employee of the Office, the Minister responsible for work, hereinafter referred to as the "controller".

2. The controller, in carrying out the activities referred to in article 1. 39A, is obliged to identification and roll authority indicating the Marshal of which these steps apply.



Article. 39 c [the implementation of audit recommendations] 1. The authorising officer shall Fund as a result of the carried out by the controller of the activities referred to in article. 39A, may delegate was of the recommendations.

2. Marshal of the conducted inspection, may, within 7 days from the date of receipt of the recommendations, to report to them.

3. The authorising officer shall Fund addresses the objections within 14 days from the date of their delivery.

4. in the event of failure by the authorising officer of the Fund reservations Marshal, within 30 days from the date of receipt of the information rejecting reservations, is obliged to notify the administrator of the Fund on the implementation of the recommendations.

5. in the case of consideration by the administrator of the Fund reservations Marshal, within 30 days, is obliged to notify the administrator of the Fund on the implementation of the recommendations referred to in paragraph 1. 1, taking account of the changes resulting from the reservation.



Article. 39 d [penalty] 1. The authorising officer shall fund may impose on Marshal of the responsible nierealizowanie the recommendations referred to in article 1. 39 c, or withholding documents or grant the explanations referred to in article 1. 39A para. 2, penalty of up to three months of his pay, calculated on the basis of the remuneration for the last 3 months preceding the month in which the penalty was imposed, regardless of other measures provided for by law.

2. the penalty imposed by the authorising officer shall Fund by way of an administrative decision, taking into account the size, grade and social impact identified weaknesses.

3. From the penalty payment nieuiszczonej within gets to statutory interest.

4. Execution of the penalty payment, together with interest for late payment occurs in the provisions of the enforcement proceedings in administration.



Chapter 8 changes in the legislation in force, transitional and final provisions Article. 40. [law on public aid for companies of particular importance for the labour market] in the law of 30 October 2002 on State aid to businesses of particular interest to the labour market (OJ No 213, poz. 1800, 2003 No. 90, item 844 and # 229, item 2271 and 2004 No. 123, item. 1291) article. 32 paragraph 1 repealed. 5. Article. 41. [Act on employment promotion and labour market institutions] in the Act of 20 April 2004 on employment promotion and labour market institutions (Journal of laws No. 99, item 1001., as amended. – 13) article. 22 in paragraph 1. 4 after point 3 the following paragraph 3a is inserted: "3a) the implementation of the tasks referred to in the provisions on the protection of workers ' claims in the event of the insolvency of their employer;".

Article. 42. [freedom of economic activity Law] in the Act of 2 July 2004, the freedom of economic activity (OJ No 173, item 1807., as amended – 14) is hereby amended as follows: 1) article. 30 in the paragraph. 1 paragraph 7 shall be replaced by the following: "7) information about the Declaration of insolvency with the possibility of the conclusion of the agreement, bankruptcy involving liquidation of the debtor's assets, the provisions of the Declaration of insolvency with the possibility of the conclusion of the bankruptcy involving liquidation of the debtor's assets, closure and termination of proceedings;";

2) art. 34 is replaced by the following: "Article. 34. The District Court shall forward to the competent authority without delay the Economic Court ewidencyjnemu a copy of the Declaration of insolvency with the possibility of the conclusion of the agreement, bankruptcy involving liquidation of the debtor's assets, the provisions of the Declaration of insolvency with the possibility of the conclusion of the bankruptcy involving liquidation of the debtor's assets, the closure of insolvency proceedings, and of the termination of the insolvency proceedings. ".

Article. 43. [request for payment of benefits from the Fund in respect of outstanding claims] 1. Those who are former employees or family members of deceased employees or former employees of the dead, entitled to a survivor's pension, which the employee claims are not satisfied by the official receiver, liquidator or former insolvent employer, in spite of a final judgment against these entities, may not later than 30 June 2007. experience with the written request to the Office Manager and field Personnel, guaranteed Fund for the payment of benefits from the Fund in respect of outstanding claims , to the extent compatible with the article. 6 and 6a of the Act, referred to in article 1. 50 point 1 in the version in force in the period for which claims have not been met.


2. the provision of paragraph 1. 1 applies to employee claims to which entitlement was established prior to the date of entry into force of this Act, and in respect of which benefits from the resources of the Fund could not be paid due to the submission of the application to the Fund referred to in paragraph 1. 1, the requirements relating to the periods referred to in article 1. 6 or periods referred to in article 1. 7 of the Act, referred to in article 1. 50 point 1 in the version in force in the period for which claims have not been met.

3. the provisions of paragraphs 1 and 2. 1 and 2 also apply, with the exception of the condition of a final judgment against the official receiver, liquidator, or the former niewypłacalnemu of the employer in cases where the benefits from the resources of the Fund could not be paid in connection with the article. 29. 2 of the Act of 30 August 2002 on a restructuring of certain public duties from entrepreneurs (Journal of laws No. 155, poz. 1287, as amended. 15)).

4. the request referred to in paragraph 1. 1, should contain the term trustee, liquidator or the insolvent employer and an indication of the titles of the claims referred to in paragraph 1. 1, and their height. The application must be accompanied by a valid decision of the Court referred to in paragraph 1. 1, and the evidence of ineffectiveness of carried out executions or ineffectiveness of their investigations in the liquidation or bankruptcy of run to the insolvent employer, subject to the provisions of paragraph 2. 5.5. In the cases referred to in paragraph 1. 3, the decision of the Court is not required.

6. Meet from the resources of the Fund shall be subject to the charges.

7. payment of benefits referred to in paragraph 1. 1 and 2, shall apply mutatis mutandis to article. 7 paragraph 1. 3 and 4, art. 8, art. 9. 1 and art. 10 of the Act, referred to in article 1. 50 point 1 in the version in force in the period for which claims have not been settled, and art. 291 section 5 of the labour code.

Article. 44. [employees of offices] 1. On the date of entry into force of the Act workers so far in the national Office of the Fund of guaranteed employee benefits and employee benefits Guaranteed Fund Field offices become properly National Bureau Fund of guaranteed employee benefits employee benefits Guaranteed Fund and Branch Office for the purposes of this Act.

2. the Director of the National Bureau of the Fund of guaranteed employee benefits and steering wheel Offices referred to in article 1. 12 paragraph 1. 5 of the Act, referred to in article 1. 50 1, appointed before the date of entry into force of this Act shall retain the existing working conditions and pay.

Article. 45. [cash, assets and other property components, duties and obligations of the Fund] the date of entry into force of the Act funds, assets and other property components, duties and obligations of the Fund of guaranteed employee benefits created under the Act referred to in article 1. 50 1 become cash, fixed assets, and other components of the property, liabilities and obligations of the Fund of guaranteed employee benefits within the meaning of this Act.

Article. 46. [contracts] 1. In the cases initiated and not completed before the date of entry into force of this Act shall apply the provisions of the existing.

2. for the supplementary lists filed after the date of entry into force of this Act shall apply the provisions of the existing, if prior to that date was made a list of the summary referred to in article 2. 7 paragraph 1. 1 of the Act referred to in article 1. 50 1.

3. The date of entry into force of agreements concluded by the Parties Act: 1) employee benefits Guaranteed Fund represented by the Director of the National Bureau of the Fund of guaranteed employee benefits referred to in article 1. 12 paragraph 1. 5 of the Act, referred to in article 1. 50 1, becomes the Fund Guaranteed employee benefits represented by the Director of the National Bureau of the Fund of guaranteed employee benefits referred to in article 1. 31 para. 2 of this Act;

2) Guaranteed Fund employee benefits represented by the branch office managers the Fund Guaranteed employee benefits referred to in article 1. 12 paragraph 1. 5 of the Act, referred to in article 1. 50 1, becomes Guaranteed Fund respectively employee benefits represented by the branch office managers the Fund Guaranteed employee benefits referred to in article 1. 31 para. 3 of this Act;

3) Director of the National Bureau of the Fund of guaranteed employee benefits or by branch office managers the Fund Guaranteed employee benefits referred to in article 1. 12 paragraph 1. 5 of the Act, referred to in article 1. 50 1, becoming respectively the Fund Guaranteed employee benefits represented by the Director of the National Bureau of the Fund of guaranteed employee benefits Guaranteed Fund or employee benefits represented by the branch office managers the Fund Guaranteed employee benefits referred to in article 1. 31 para. 2 and 3 of this Act;

4) National Office Guaranteed Fund employee benefits, or employee benefits, guaranteed Fund field offices referred to in article 1. 12 paragraph 1. 4 of the Act, referred to in article 1. 50 1, becoming respectively the Fund Guaranteed employee benefits represented by the Director of the National Bureau of the Fund of guaranteed employee benefits Guaranteed Fund or employee benefits represented by the branch office managers the Fund Guaranteed employee benefits referred to in article 1. 31 para. 2 and 3 of this Act.

4. In the ongoing administrative and judicial proceedings, where the parties are steering the offices referred to in article 1. 12 paragraph 1. 5 of the Act, referred to in article 1. 50, paragraph 1, the parties become the date of entry into force of the Act, respectively, the steering wheel Offices referred to in article 1. 31 para. 3 of this Act.

Article. 47. [transitional provision] implementing rules pursuant to article 114. 11. 12 paragraph 1. 7 of the Act, referred to in article 1. 50 1, remain in force until the implementing rules under this Act.

Article. 48. [Disambiguation] 1. Whenever in the separate regulations referred to the rules or the Act referred to in article 1. 50, paragraph 1, should be understood properly the provisions of this Act or this Act.

2. Whenever in the separate regulations referred to employee benefits Guaranteed Fund, understood employee benefits Guaranteed Fund for the purposes of this Act.

Article. 49. [report on the implementation of the Act] no later than 1 June 2008, the competent minister work will present to the Sejm of the Republic of Poland a report on the implementation of the Act, taking into account the financial consequences for the financial year 2007.

Article. 50. [the provisions repealed] Loses power: 1) Act of 29 December 1993 on the protection of workers ' claims in the event of the insolvency of their employer (OJ 2002 No 9, item 85, no. 127, item 1088, # 155, poz. 1287 and # 199, poz. 1673, 2003 # 210, poz. 2037 and # 229, item. 2271, 2004 No. 121, item 1264 and # 273 , item. 2703 and 2005 No 132, item. 1110);

2) Act of 28 June 1995 on the meet from the resources of the Fund of guaranteed employee benefits some benefits for pensioners and pensioners (OJ No 87, item 436 and 1996 # 59, item 267).

Article. 51. [entry into force] this Act shall enter into force on the first day of the month following the month of the notice.



 

1) this Act shall be made in its regulation of the implementation of European Parliament and Council Directive 2002/74/EC of 23 September 2002 amending Council Directive 80/987/EEC of 20 October 1980 on the approximation of the laws of the Member States relating to the protection of employees in the event of the insolvency of their employer (OJ. EC-L 270 of 8.10.2002, p. 10; Oj. EU Polish Special Edition, chapter. 5, vol. 4, p. 261).

2) amendments referred to the Act were announced in the journal of laws of 2004, no. 281, item. 2777, 2005 No. 33, item. 289, no. 94, item. 788, no. 143, item. 1199, no. 175. 1460, # 177, item. 1468, no. 178, poz. 1480, no. 179, item. 1485, # 180, item. 1494 and # 183. 1538, and with 2006 no. 17, item. 127 and # 144, item. 1043 and 1045.

3) Changes the consolidated text of the said Act were announced in the journal of laws of 2002 No. 126, poz. 1070, no. 141, item. 1178, No 144, item. 1208, No 153, item. 1271, no. 169, item. 1385 and 1387 and # 241. 2074, 2003 No. 50, item. 424, no. 60, item. 535, no. 65, item. 594, No 228, item. 2260 and # 229, item. 2276, 2004, no. 64, item. 594, # 68, item. 623, no. 91, item. 870, no. 96, item. 959, no. 121, item. 1264, no. 146, item. 1546 and No 173, item. 1808, from 2005, no. 83, item. 719, no. 85, item. 727, no. 167, item. 1398 and # 183. 1538, and with 2006, no. 104, item. 708 and # 157. 1119.4) that regulation was published in the OJ. EC-L 160 of 30.06.2000. p. 1, as amended. d.; Oj. EU Polish Special Edition, chapter. 19, t. 1, p. 191.

5) amendments to the said Act were announced in the journal of laws of 2003 No. 217. 2125, 2004 # 91, doz. 870 and 871, no. 96, item. 959, no. 121, item. 1264, no. 146, item. 1546, No 173, item. 1808 and # 210, poz. 2135, 2005 No. 94, item. 785, no. 183. 1538 and # 184, item. 1539 and 2006 No. 47, item. 347, no. 133, item. 935 and No 157, item. 1119.6) amendments to the consolidated text of the said Act were announced in the journal of laws 2008 No. 141, item. 888, 2009. # 18, item. 97, no. 42, item. 341, No 53, item. 434 and No 157, item. 1241, 2010 # 28, item. 146 and No. 96, item. 620 and with 2011 No 92, POS. 531 and No. 112, item. 654.


7) amendments to the said Act were announced in the journal of laws of 2001, no. 102, item. 1117, 2003 No. 49, item. 408 and No. 229, item. 2276, 2005, no. 132, item. 1108, no. 183. 1538 and # 184, item. 1539 and 2006 No 133, item. 935.8) amendments to the said Act were announced in the journal of laws of 2000 No. 86, item. 958 and # 114, poz. 1193, 2001 No 49, item. 509, no. 67, item. 679, no. 102, item. 1115 and # 147, item. 1643, 2002 No 1, item. 2, no. 115, item. 995 and # 130, poz. 1112, 2003 No. 86, item. 789, no. 128, item. 1176 and # 217. 2125, 2004 No. 54, item. 535, no. 91, item. 870 and No 173, item. 1808, and from 2006, No 144, item. 1043.9) changes to the said Act were announced in the journal of laws of 1971, no. 27, item. 252, 1976 No. 19, item. 122, 1982 No. 11, item. 81, no. 19, item. 147 and # 30, poz. 210, 1984, no. 45, item. 242, 1985, no. 22, item. 99, 1989.3. 11, 1990, no. 34, item. 198, no. 55, item. 321 and No. 79, item. 464, 1991, no. 107, item. 464 and No 115, item. 496, 1993, No 17, item. 78, 1994, no. 27, item. 96, no. 85, item. 388 and No. 105, item. 509, 1995, no. 83, item. 417, with 1996 No 114, poz. 542, no. 139, item. 646 & # 149. 703, 1997, no. 43, item. 272, no. 115, item. 741, no. 117, item. 751 and No 157, item. 1040, 1998, no. 106, item. 668 and No. 117, item. 758, 1999 No 52, item. 532, 2000 No. 22, item. 271, no. 74, item. 855 and 857, no. 88, item. 983 and # 114, poz. 1191, 2001 # 11. 91, no. 71, item. 733, Nr 130, poz. 1450 and # 145, item. 1638, 2002 # 113, item. 984 and # 141, item. 1176, 2003 No. 49, item. 408, no. 60, item. 535, Nr 64, poz. 592 and No 124, item. 1151, 2004 No. 91, item. 870, no. 96, item. 959, no. 162, item. 1692, # 172, item. 1804 and # 281. 2783, 2005 No. 48, item. 462, No 157, item. 1316 and # 172. 1438 and 2006 No 133, item. 935.10) changes to the consolidated text of the said Act were announced in the journal of laws of 1998, no. 106, item. 668 and # 113, item. 717, with 1999 No. 99, item. 1152, 2000 No 19, item. 239, no. 43, item. 489, no. 107, item. 1127 and No. 120, item. 1268, 2001 # 11. 84, no. 28, item. 301, no. 52, item. 538, No 99, item. 1075, no. 111, item. 1194, # 123, poz. 1354, no. 128, item. 1405 and # 154, poz. 1805, 2002 No. 74, item. 676, No 135, item. 1146, # 196, poz. 1660, # 199, item. 1673 and # 200. 1679, from 2003 No 166, item. 1608 and # 213. 2081, 2004, no. 96, item. 959, no. 99, item. 1001, no. 120, item. 1252 and # 240. 2407, 2005 No. 10, item. 71, # 68, item. 610, no. 86, item. 732 and # 167, item. 1398 and from 2006, # 104, item. 708 and 711 and No. 133, item. 935 11) changes to the consolidated text of the said Act were announced in the journal of laws of 2001, no. 49, item. 509, 2002 # 113, item. 984, No 153, item. 1271 and # 169, item. 1387, 2003 No 130, poz. 1188 and # 170, item. 1660, 2004 No. 162, item. 1692 and from 2005, # 64, poz. 565, no. 78, item. 682 and # 181, item. 1524.12) changes to the said Act were announced in the journal of laws of 1998, no. 162, item. 1118 and 1126, 1999, # 26, poz. 228, no. 60, item. 636, No 72, item. 802, no. 78, item. 875 and No. 110, item. 1256, 2000 # 9, item. 118, no. 95, item. 1041, no. 104, item. 1104 and No. 119, item. 1249, 2001 # 8, item. 64, no. 27, item. 298, no. 39, item. 459, no. 72, item. 748, no. 100, item. 1080, no. 110, item. 1189, no. 111, item. 1194, # 130, poz. 1452 and # 154, poz. 1792, from 2002, no. 25, item. 253, no. 41, item. 365, no. 74, item. 676, # 155, poz. 1287, no. 169, item. 1387, # 199, item. 1673, # 200, item. 1679 and # 241. 2074, 2003 # 56, item. 498, no. 65, item. 595, No 135, item. 1268, no. 149, item. 1450, No 166, item. 1609, # 170, item. 1651, no. 190, poz. 1864, # 210, poz. 2037, no. 223, item. 2217 and No 228, item. 2255, 2004 No. 19, item. 177, Nr 64, poz. 593, no. 99, item. 1001, no. 121, item. 1264, no. 146, item. 1546, No 173, item. 1808, # 187, item. 1925 and # 210, poz. 2135, 2005 No. 64, item. 565, no. 86, item. 732, no. 132, item. 1110, no. 143, item. 1199 and 1202, # 150, item. 1248, # 163, item. 1362, no. 164, item. 1366, No 169, item. 1412, no. 183. 1538, # 184, item. 1539 and # 249, item. 2104 and 2006 No. 104, item. 708 and 711 and No 157, item. 1119.13) changes to the said Act were announced in the journal of laws of 2004 No. 273, item. 2703, 2005 No. 64, item. 565, no. 94, item. 788, no. 164, item. 1366, no. 175. 1462 and Nr 267, poz. 2257 and 2006 No 94, item. 651, no. 104, item. 708 and 711, No 144, item. 1043 & # 149. 1074.14) changes in the said Act were announced in the journal of laws of 2004, no. 281, item. 2777, 2005 No. 33, item. 289, no. 94, item. 788, no. 143, item. 1199, no. 175. 1460, # 177, item. 1468, no. 178, poz. 1480, no. 179, item. 1485, # 180, item. 1494 and # 183. 1538, and with 2006 no. 17, item. 127 and # 144, item. 1043 and 1045.

15) changes to the said Act were announced in the journal of laws of 2003 No. 56, item. 498 and # 202. 1956, 2004 # 82, item. 745, and from 2005, No 101, item. 851. [1] on the basis of article. 2 of the Act of 8 January 2010 amending the law on the protection of workers ' claims in the event of the insolvency of their employer (OJ # 18, item. 100) to the claims arising from the insolvency of their employer, referred to in article 1. 8A, from 1 October 2006, the provisions as amended by this Act.

[2] Article. 9A shall be inserted to be fixed by the article. 20 of the Act of 28 may 2013. amending the law – the labour code and certain other laws (OJ. 675). The change came into force on 17 June 2013.

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