Key Benefits:
ACT
of 13 July 2006
o protection of employees ' claims in the event of the employer's insolvency 1)
Chapter 1
General provisions
Article 1. [ Regulatory scope] The Act regulates the rules, scope and mode of protection of employees ' claims in the event that they cannot be satisfied due to the insolvency of their employer.
Chapter 2
Employer Insolvency
Article 2. [ Application of provisions of the Act] 1. The provisions of the Act shall apply in the event of insolvency of the employer of the entrepreneur referred to in art. 4 par. 1 of the Act of 2 July 2004. about the freedom of economic activity (Dz. U. of 2015 items 584, as late. zm.), located in the territory of the Republic of Poland a branch of a foreign bank within the meaning of art. 4 par. 1 point 20 of the Act of 29 August 1997. -Banking law (Dz. U. of 2015 items 128, of late. zm.), as well as foreign entrepreneur coming from the Member States of the European Union or Member States of the European Free Trade Agreement (EFTA)-parties to the agreement on the European Economic Agreement, which he created in the territory The Republic of Poland branch or representation referred to in the provisions on freedom of economic activity, as long as:
-in the case of foreign entrepreneurs from the Member States of the European Union, excluding Denmark, an insolvency procedure within the meaning of Article 4 may be initiated against them. 2 lithium a or a lithium. Council Regulation (EC) No 1346/2000 of 29 May 2000 (OJ L 63, 13.2.2000, p. on insolvency proceedings,
-in the case of foreign entrepreneurs from Denmark and the Member States of the European Free Trade Agreement (EFTA)-parties to the Agreement on the European Economic Area-may be against them the recognised main foreign bankruptcy proceedings, o to which the provisions of the Law of 28 February 2003 are applicable. -bankruptcy law (Dz. U. of 2015 items 233, z późn. zm.) concerning international bankruptcy proceedings,
-in the case of entrepreneurs conducting business activity in the territory of the Republic of Poland, as well as branches of foreign banks-separate regulations do not exclude the possibility of announcing on the territory of the Republic of Poland bankruptcy and the opening of restructuring proceedings for such an employer,
-in the case of foreign entrepreneurs from 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 operating in the territory of the Republic of Poland Polish as a branch of a credit institution or an insurance undertaking-may be initiated against a credit institution or an insurance undertaking of bankruptcy proceedings, restructuring 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 conducted on the territory of the Republic of Poland's economic activities or the activity of representation.
2. The insolvency of the employer referred to in the paragraph. 1, does not apply to the legal persons subject to the obligation of entry in the register of associations, other social and professional organizations, foundations and independent public health care establishments referred to in Chapter 3 of the Act of 20 August 1997 o National Court Register (Dz. U. of 2016 r. items 687 and 996), entered in the Register of Entrepreneurs for the pursuit of business activities, units classified, on the basis of separate regulations, to the public finance sector, as well as natural persons holding the household employing persons engaged in gainful employment on this holding.
Article 3. [ Provisions of the bankruptcy or restructuring court] 1. Insolvency of the employer referred to in art. 2. 1, occurs when the bankruptcy or restructuring court, on the basis of the provisions of the bankruptcy law or the restructuring law, will issue an order of:
1) the announcement of the bankruptcy of the employer or the opening of the secondary insolvency proceedings against it;
2) opening of the restructuring proceedings referred to in art. 2 points 2-4 of the Act of 15 May 2015. -Restructuring law (Dz. U. Entry 978, of late. zm.);
3) to refuse an application for a declaration of bankruptcy of the employer if his or her property is not sufficient or merely sufficient to meet the costs of the proceedings;
4) to refuse the application for bankruptcy if it is found that the debtor's assets are debited with mortgages, pledge, registered pledge, treasury or sea mortgages to such an extent that the remaining assets of the debtor are not sufficient for the meet the costs of the proceedings.
2. The date of insolvency shall be the date of the decision of the bankruptcy court of the declaration of bankruptcy or the opening of the second insolvency proceedings of the employer, the date of the order of the restructuring court of the opening of proceedings restructuring of the employer, the date of the bankruptcy court's decision to dismiss the application for the declaration of bankruptcy of the employer in the cases referred to in the mouth. 1 points 3 and 4.
Article 4. [ Initiation of insolvency proceedings and arrangement proceedings in the EU and EFTA Member States] 1. Insolvency of the employer referred to in art. 2. 1, also in the case of insolvency proceedings, arrangement proceedings or other similar proceedings in the Member States of the European Union or in the Member States of the European Free Trade Agreement (EFTA)- the parties to the Agreement on the European Economic Area against credit institutions and insurance undertakings established in those countries.
2. Insolvency of the employer referred to in art. 2. 1, also occurs when a foreign court issues a ruling that does not open insolvency proceedings in view of the determination of the firm's definitive closure or due to the inadequacy of the assets on to meet the costs of the proceedings.
3. The date of insolvency shall be the date of issue by the foreign court of the judgment in the case referred to in the paragraph. 1 or in the mouth. 2.
Article 5. [ Determination of the recognition of the decision to initiate the main foreign insolvency proceedings] 1. Insolvency of the employer referred to in art. 2. 1, also in the case of the issue, in accordance with the provisions of the bankruptcy law concerning the international bankruptcy procedure, by the bankruptcy court of the order of recognition of the decision to initiate the main foreign proceedings the bankruptcy opened against a foreign entrepreneur from Denmark or the Member States of the European Free Trade Agreement (EFTA)-parties to the agreement on the European Economic Area.
2. Insolvency of the employer referred to in art. 2. 1, also occurs when a foreign court issues a ruling that does not open insolvency proceedings in view of the determination of the firm's definitive closure or due to the inadequacy of the assets to satisfy the costs of this proceeding.
3. The date of insolvency shall be the date of the issue by the bankruptcy court of the order on recognition of the foreign bankruptcy proceedings referred to in paragraph. 1, or the date of issue by the foreign court of the decision referred to in the paragraph. 2.
Article 6. [ Employer's insolvency and EU rules] 1. Insolvency of the employer referred to in art. 2. 1, there is also, when:
1. a judicial authority or any other competent authority of a Member State of the European Union, with the exception of Denmark, entitled to the opening of insolvency proceedings shall issue, in accordance with the provisions of Article 4 (1), the 3 para. Article 1 (1) of Council Regulation (EC) No 1346/2000 of the European Parliament and of the Council of 4 June 2000 on the initiation of a decision to initiate the procedure referred to in Article 4 of Regulation (EC) 2 lithium a or c of that Regulation, and the management board or
2. a judicial authority or any other competent authority of a Member State of the European Union, with the exception of Denmark, entitled to the opening of insolvency proceedings shall issue, in accordance with art. 3 para. Article 1 (1) of Council Regulation (EC) No 1346/2000 of Council Regulation (EC) No 1346/2000 of the European Parliament and of the Council of 10 June 2000 on the application of Regulation (EC) No 1346/2000 of the European Parliament and of the Council of 10 June 2000 on the implementation of the European Community proceedings, or
3) the bankruptcy court will issue, according to art. 3 para. 2 and 4 of Council Regulation (EC) No 1346/2000, the decision on the declaration of bankruptcy of a foreign entrepreneur, having effects limited to the property of the debtor situated in the territory of the Republic of Poland.
2. The date of default shall be the date of the decision referred to in paragraph 1. 1 point 1, the date of the decision referred to in paragraph 1. 1 point 2, or the date of issue by the bankruptcy court of the provisions on the declaration of bankruptcy of the foreign entrepreneur referred to in paragraph. 1 point 3.
Article 7. [ Announcements in the Monitor of the Judicial and Economic] In the cases referred to in art. 6 para. 1 point 1, the liquidator, within the meaning of Article 2 lithium (b) Regulation (EC) No 1346/2000, in the Judicial Monitor and on the Economic and Social Monitor, for a decision to open insolvency proceedings, to decide on the appointment of a liquidator and to the person of the administrator. The notice contains the relevant content of the decision to initiate the procedure and the decision on the appointment of the liquidator, the person of the liquidator and the information that the jurisdiction of the court is based on art. 3 para. 1 of Council Regulation (EC) No 1346/2000.
Article 8. [ Employer's failure to satisfy employee claims due to a lack of financial resources] 1. Insolvency of the employer referred to in art. 2. 1, there is also, where, in national proceedings, in the event of failure by the employer to claim employees due to a lack of funds:
1) on the basis of the provisions of the bankruptcy court, the bankruptcy court will issue an order for the cancellation of the bankruptcy proceedings if:
(a) the assets remaining after the exclusion of the assets of the debtor under the mortgage, the lien, the registered pledge, the treasury or the sea mortgage are not sufficient to satisfy the costs of the proceedings,
(b) creditors who are under the decision of the meeting of creditors, or by order of the Judge-Commissioner, have not made an advance payment of the costs of the proceedings within the prescribed period and there are no liquid funds available for these costs;
2) the founding body will decide to implement the winding-up proceedings against a state-owned company, provided that the liquidation is not the result of the transformation, merger or division of that undertaking;
3) the court will rule out the dissolution of a commercial company within the meaning of the provisions of the Act of 15 September 2000. -Code of Commercial Companies (Dz. U. of 2013 r. items 1030, with late. zm.);
4) the minister responsible for economic affairs will issue, on the basis of the provisions on freedom of economic activity, the decision to ban the pursuit of economic activities carried out on the same terms as Polish entrepreneurs, by the entrepreneur foreign within the established branch with its registered office in the territory of the Republic of Poland;
5) the minister responsible for economic affairs will issue, on the basis of the provisions on freedom of economic activity, the decision to prohibit the pursuit of the activities of the foreign entrepreneur, within the framework of the established representation established in the territory The Republic of Poland;
6. in accordance with the provisions of art. 7-7i of the Act of 19 November 1999. -Law of economic activity (Dz. U. Entry 1178, with late. zm.) [ 1] or rules on the freedom of economic activity, the standard authority will create an employer who is a natural person from the Register of Economic Activity [ 2] as a result of a notice of cessation of business activity or a finding of a permanent cessation of the performance of an economic activity by the employer.
2. The date of insolvency shall be the date of the final decision of the bankruptcy court for the cancellation of the insolvency proceedings in the case of the employers referred to in the paragraph. 1 point 1, the date of the decision in the cases referred to in paragraph 1. 1 points 2, 4 and 5, the date on which the decision of the court referred to in paragraph 1 is subject to review. 1 point 3, or the date on which the deletion referred to in paragraph 1 shall be drawn up. 1 point 6.
Art. 8a. [ Employer insolvency] 1. Insolvency of the employer referred to in art. 2. 1, also in the event of failure to satisfy employees ' claims due to the absence of financial resources in the event of actual cessation of activity by the employer, lasting more than 2 months.
2. The date of the occurrence of the employer's insolvency shall be the date of expiry of the period referred to in paragraph. 1.
Chapter 3
Employer, employee
Article 9. [ Contributions to the Guaranteed Employee Benefit Fund] The entrepreneur referred to in art. 2. 1, conducting business activity exclusively on the territory of the Republic of Poland, an entrepreneur conducting business activity also in the territory of other member states of the European Union or the Member States of the European Union Agreements on Free Trade (EFTA)-parties to the agreement on the European Economic Area with regard 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 foreign branch an insurance undertaking, as well as a branch or representation of the entrepreneur foreign, hereinafter referred to as the "employer", is obliged to pay contributions for employees to the Guaranteed Employee Benefits Fund, hereinafter referred to as the "Fund".
Art. 9a. [ Workers returning from maternity leave, leave to maternity leave, parental leave or parental leave] The employer referred to in art. 9, does not pay contributions to the Fund for workers returning from maternity leave, leave on the terms of maternity leave, parental leave or parental leave in the 36 months starting from the first month after the return of the maternity leave, leave on the conditions 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 Art. 9, it does not pay contributions to the Fund for a period of 12 months, starting from the first month after the conclusion of the employment contract, for the employed persons who have completed 50. year of life and during the 30 days before employment remained in the records of the unemployed district labour office.
2. The Employer referred to in Art. 9, it does not pay contributions to the Fund for employees who have reached the age of at least 55 years for women and at least 60 years for men.
Art. 9c. [ Exemption from the payment of contributions to the Fund] The employer referred to in art. 9, it does not pay contributions to the Fund for a period of 12 months, starting from the first month after the conclusion of the employment contract, for the targeting of the employed unemployed, who have not completed 30 years of age.
Article 10. [ Employee-Definition] The employee referred to in art. 9, is a natural person who, in accordance with the provisions of Polish law, stays with the employer in employment or is employed on the basis of a contract of employment overlays or performs work on the basis of a agency contract or contract of order or other contract of the provision of services, to which, in accordance with the Act of 23 April 1964 -Civil Code (Dz. U. of 2016 r. items 380 and 585), the provisions relating to the order shall apply, or it shall carry out gainful employment on a basis other than the employment relationship to the employer of the agricultural production cooperatives, machinery rings or other cooperative societies dealing with the agricultural production-where it is subject to the obligation of pension insurance, with the exception of the employer's spouse, as well as his/her own children, the children of the second spouse and the children of the adopted, parents, stepmother and stepfather and persons wells, as well as siblings, grandchildren, grandparents, son-in-law, and synthetics, brown, brother-in-law and brother-in-law employed in the household.
Chapter 4
Scope and the mode of satisfying employee claims from the Guaranteed Employee Benefits Fund
Article 11. [ Satisfaction of employees ' claims] In the event of insolvency of the employer, the claims of the employees referred to in art are met. 10, as well as former employees, and entitled to the survivor's pension of the family members of the deceased employee or deceased former employee.
Article 12. [ Satisfaction of the Fund's resources] (1) In the event of insolvency of the employer, unmet workers ' claims, hereinafter referred to as "claims", shall be subject to the satisfaction of the Fund.
2. The payment of appropriations from the Fund shall be subject to the principal claims on:
(1) remuneration for work;
2. the worker is entitled under the universally applicable labour law:
(a) remuneration for the time not paid by the employee of the downtime, for the duration of the non-work (dismissal) and for the time of another justified absence at work,
(b) remuneration for the duration of the worker's incapacity to work as a result of the illness referred to in Article 92 of the Act of 26 June 1974. -Labour Code (Dz. U. of 2014 items 1502, with late. zm.),
(c) salaries for the time of holiday leave,
(d) the payment of monetary, based on the special arrangements for dealing with workers ' employment relationships on grounds of non-employees,
(e) the cash equivalent for the annual leave referred to in Article 171 § 1 of the Labour Code, due in respect of the calendar year in which the employment relationship has ceased,
(f) the compensation referred to in Article 36 1 § 1 of the Labour Code,
(g) the compensatory allowance referred to in Article 230 and 231 of the Labour Code;
3) social security contributions payable by employers on the basis of regulations on the social security system.
3. Claims from the titles listed in the paragraph. 2 point 1, point 2 (b) a-c and lit. (g) and point 3 shall be satisfied for a period of not more than 3 months preceding 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 employment relationship falls within the times not exceeding 9 months prior to the date on which the employer's insolvency is due to occur.
4. The application of the title referred to in paragraph 1. 2 point 2 (a) It shall be satisfied if the employment relationship has ceased for a period of not more than nine months prior to the date on which the employer's insolvency was due to be paid.
5. Claims from the titles listed in the mouth. 2 point 2 (a) d and lit. F shall be satisfied if the employment relationship has ceased for a period of not more than 9 months preceding the date of the employer's insolvency or for a period of not more than 4 months following that date.
6. Claims from the titles listed in the mouth. They shall also be satisfied where the entitlement to them is established on the date on which the employer's insolvency or the date of termination of the employment relationship is established.
Art. 12a. [ Payment of an advance on the employer's unmet claims] 1. In the case referred to in art. 8a ust. 1, the marshal of the voivodship shall pay, at the request of the employee, an advance against the employer's unmet claims of employees, in the amount of the unsatisfied claims referred to in art. 12 (1) 2, but not higher than the amount of the minimum wage for the work, determined on the basis of the separate provisions in force on the day of payment of the advance.
2. The application referred to in paragraph 2. 1, shall consist of the Marshal of the voivodship referred to in art. 15 para. 3. In the application, the employee is obliged to make a statement of the remaining employment with the employer, the type of unfulfilled claims of employees and their amount, and the likelihood of the occurrence of the employer's insolvency or the fact that the employer is the submission of an application for a declaration of bankruptcy. Article Recipe 16 shall apply mutatis mutandis.
3. The statement referred to in the paragraph. 2, the employee shall submit, under penalty of criminal responsibility for making false statements, of which the applicant shall be instructed before the declaration is made.
4. In the case of the notification by the employee of the application for payment of benefits on the actual cessation of activities by the employer the Marshal of the voivodship shall have the right to obtain the necessary information, in particular in the scope of: submission of declarations and payment of taxes due at the tax office, the registration of employees or the payer from the Social Insurance Institution, arrangements made by the State Labour Inspectorate in the course of the employer's inspections and inspections, arrangements made by a baitman in the course of a conducted against an employer enforcement proceedings.
5. The Marshal of the voivodship shall have the right to request from the employer documents confirming the actual cessation of activities, including the inspection of the documentation at the place of the employer's activity.
6. The payment of the remaining unsatisfied employees ' claims as well as the claims of former employees or entitled to the survivor's pension of the family members of the deceased employee or deceased former employee may be made on the basis of the request filed in mode and on the principles laid down in the Article. 16.
Article 13. [ Reparation of insolvency] In the event of the recurrence of insolvency referred to in Article 3-8a, in respect of a given employer, the provisions relating to the settlement of claims from the Fund may not be re-applied to the same employees in respect of the same claims, with claims from the titles listed in the Article. 12 (1) 2 point 1, point 2 (b) a-c and lit. (g) and point 3 shall be covered together for a period of not more than 3 months.
Article 14. [ Height of the benefit] 1. In the case of payment of benefits from the Fund for the claims referred to in art. 12 (1) 2 (1) and 2 (2) (a) a-c and lit. g the total amount of the benefits for the period of one month shall not exceed the average monthly remuneration of the previous quarter, as of the day of its announcement by the President of the Central Statistical Office in the Official Journal of the Republic of Poland "Monitor Polski", advertised on the basis of regulations on pensions and pensions from the Social Insurance Fund.
2. In the case of payment of the benefit on the claim referred to in art. 12 (1) 2 point 2 (a) e benefit may not exceed the amount of the average monthly salary referred to in paragraph 1. 1.
3. In the case of payment of the benefit on the claim referred to in art. 12 (1) 2 point 2 (a) d or lithium. The allowance shall not exceed the amount of the average monthly remuneration referred to in paragraph 1. 1, or its multiples, where the claim forms a multiple of the remuneration constituting the basis for its determination.
4. In the event that the judge-commissioner will issue, in accordance with the provisions of the Bankruptcy Law, the provision that a certain part of the remuneration for the work of the employee performing the tasks of the management board or the remuneration of the person providing the service related to the management of the bankrupt undertaking, as defined in the contract of employment or service contract concluded prior to the declaration of bankruptcy, or a specific part of the benefits due in connection with the termination of the employment relationship or the service contract related to the management of the company is ineffective in relation to the mass the bankruptcy and the amount of the part in relation to it are lower than the average monthly remuneration referred to in paragraph 1. 1-the amount of the benefits paid may not exceed the amount of the claim effectively to the mass of bankruptcy.
Art. 14a. [ Application for payment of advances for the satisfaction of unmet benefits] 1. During the period from the date of submission of the application for the declaration of bankruptcy of the employer meeting the requirements indicated in Art. 22-25 of the Act of 28 February 2003. -Bankruptcy law until the date of the judgment of the order in the case of bankruptcy, the employer may submit to the Marshal of the Voivodeship an application for payment of advances intended to satisfy the unmet employee benefits, of which Article 12 (1) 2, in the amount of unmet benefits due to the entitled worker, not higher, however, than the amount of the minimum wage for the work, in force on the day of payment of the advance.
2. The application shall include a summary list of the unsatisfied workers ' claims to which the Article applies mutatis mutandis. 15 para. 1, and a copy of the application for the declaration of bankruptcy filed in the court together with the documents attached to it.
3. Advances referred to in paragraph. 1, shall be paid directly to the staff member.
Article 15. [ Cumulative list of unsatisfied claims] 1. In the period of one month from the date of insolvency of the employer, the employer, the judicial supervisor or the administrator, the liquidator, liquidator or other person holding the employer's wealth management shall draw up and submit to the marshal of the voivodship a list of the unsatisfied claims, hereinafter referred to as the 'summary list', specifying the persons entitled under Article 4 (1) (b) of the Regulation. 10, and the titles and the amount of claims requested to be covered by the Fund. The cumulative list includes claims from the periods prior to the date of the employer's insolvency.
2. If the veil is subject to claims from periods following the date of insolvency of the employer, the entity referred to in the paragraph. 1 shall draw up and submit to the Marshal of the voivodship immediately after the termination of the employment relationship of the persons entitled to the supplementary lists; the lists shall include an indication of those persons and the titles and amount of the claims
3. A cumulative list and supplementary lists shall be submitted to the marshal of the voivodship competent due to the employer's seat.
4. Marshal of the voivodship referred to in the mouth. 3, once the compliance of the summary list or of the supplementary list with the provisions of the Act has been established, the Fund shall immediately transmit the appropriate financial resources to the Fund referred to in paragraph 3. 1, which pays the eligible persons the benefits provided for in the Act.
Article 16. [ Payment of benefits based on the application] 1. The payment of benefits may also take place on the basis of an application of the employee, a former employee or entitled to a survivor's pension of the family members of the deceased employee or deceased former employee.
2. The application referred to in paragraph 2. 1, shall consist of the Marshal of the voivodship referred to in art. 15 para. 3, not earlier than two weeks after the time limits laid down for the submission of the list or of the supplementary list referred to in Article 15 (1). 1 and 2.
3. Marshal of the voivodship referred to in art. 15 para. 3, make the payment immediately after the conclusion that the application covers claims to be satisfied from the Fund's resources and shall immediately notify the employer, the court supervisor or the administrator, the liquidator, the liquidator or any other person exercising the Employer's wealth management.
Article 17. [ Conditions not to draw up a blanket claim list] 1. The provision of art. 15 para. 1 shall not apply in the event of the insolvency of the employer, which occurs in the event of:
1) the issue by the bankruptcy court of the provisions on recognition of the main foreign bankruptcy proceedings initiated against a foreign entrepreneur from Denmark or from the Member States of the European Free Trade Agreement (EFTA)-parties of the agreement o The European Economic Area;
2) issue, in accordance with art. 3 para. Article 1 (1) of Council Regulation (EC) No 1346/2000, by a judicial authority or any other competent authority of a Member State of the European Union, with the exception of Denmark, entitled to the opening of insolvency proceedings of a foreign entrepreneur from those States, the decision to initiate proceedings against the trader or the trader of foreign insolvency proceedings as referred to in Article 2 lithium a or c of that Regulation and the appointment of the liquidator;
3) the issue by a foreign court of the decision to open insolvency proceedings, arrangement proceedings or any other similar proceedings, in the Member States of the European Union or in the Member States of the European Free Agreement Trade (EFTA)-pages of the Agreement on the European Economic Area, vis-o-vis credit institutions and insurance undertakings established in those countries;
4) issues in the Member States of the European Union or in the Member States of the European Free Trade Agreement (EFTA)-the parties to the agreement on the European Economic Area, by a judicial authority or any other competent authority or court foreign rulings that do not open insolvency proceedings in view of the firm's definitive closure or due to the inadequacy of the assets to meet the costs of the proceedings in respect of a foreign entrepreneur, a credit institution or a foreign establishment insurance.
2. In the cases referred to in paragraph. 1 payment of the benefits may take place only on the basis of the employee's application, the former employee or entitled to the survivor's pension of the family members of the deceased employee or deceased former employee, the complex marshal of the voivodship referred to in art. 15 para. 3.
3. In the cases referred to in paragraph. 1 point 4, an authorised person within the meaning of the provisions on freedom of economic activity to represent a foreign entrepreneur in a branch or a representation or, as appropriate, a person representing a credit or foreign institution an insurance undertaking, in the event of a failure by the employer to claim employees due to a lack of financial resources:
1) shall transmit to the Marshal of the voivodship referred to in art. 15 para. 3:
(a) a copy of the decision given by the judicial authority or any other competent authority authorised to initiate the procedure for insolvency proceedings,
(b) certified translation of the decision into Polish,
c) information drawn up in the Polish language about the relevant content of the decision issued, the date of its issue and the branch or representation, including data concerning the entry into the National Court Register or the Register of Entrepreneurs ' Representations foreign languages referred to in the provisions on freedom of economic activity;
2) inform the persons mentioned in the paragraph. 2 of the transmission of the documents referred to in point 1.
4. In the cases referred to in paragraph. 1 marshal of the voivodship referred to in art. 15 para. 3, make the payment of benefits immediately after the statement:
1) in the cases referred to in paragraph. 1 point 1-issue, in accordance with the provisions of the bankruptcy law concerning the international insolvency proceedings, by the bankruptcy court of the order of recognition of the decision to initiate the main foreign bankruptcy proceedings initiated towards a foreign entrepreneur from Denmark or 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 point 2-Appearances in the Monitor of the Judicial and Economic Notice as referred to in art. 7, or
3) in the cases referred to in paragraph. 1 item 3-publication in the Official Journal of the European Union of a foreign court decision to open insolvency proceedings, arrangement proceedings or any other similar proceedings against credit institutions or foreign establishments insurance, or
4) in the cases referred to in paragraph. 1 point 4-obtaining of the documents referred to in paragraph. 3, from an authorised person within the meaning of the provisions on freedom of business to represent a foreign entrepreneur in the branch or in a representation or from a person representing a credit institution or a foreign establishment insurance, and
(5) that the application has been lodged by the person referred to in paragraph 1. 2, entitled to benefits due to the insolvency of the employer referred to in the paragraph. 1 and
(6) that the application concerns unsatisfied claims subject to the payment of the Fund's resources.
Article 18. [ Application of provisions of the Code of Administrative Procedure] In the proceedings referred to in art. 15 -17, the provisions of the Act of 14 June 1960 apply accordingly. -The Code of Administrative Procedure (Dz. U. of 2016 r. items 23, 868 and 996), with the exception of the provisions concerning the adoption of decisions and provisions.
Article 19. [ Notifications on the protection of workers ' claims and about the amount of benefits paid] 1. In the case of payment of benefits in the cases referred to in art. 17 para. 4 on the protection of employees ' claims and the amount of the benefits paid:
1. the Marshal of the Voivodship competent for the employer's seat shall notify the authorising officer of the Fund;
2. the Fund's disposal shall be notified to the relevant guarantee institution.
2. In the event of payment of benefits in the case of a notice by the bankruptcy court of the bankruptcy of the employer or the issue by the bankruptcy court of the decision to depart from the reasons referred to in art. 3 para. 1 point 4 and 5 , an application for a declaration of bankruptcy of an employer, which also operates on the territory of other Member States of the European Union or of the Member States of the European Free Trade Agreement (EFTA)-parties to the agreement on the European Economic Area The beneficiary of the Fund shall provide information to the guarantee institutions of the States in which the employer is established.
3. The Fund's Dissponsor shall communicate and cooperate with the relevant institutions 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 employees ' claims in the event of the insolvency of the employer.
Article 20. [ Refusal Withdrawal] 1. The refusal of payment of the benefit in whole or in part, declared in accordance with the procedure laid down in the Article. 15 -19, the Marshal of the voivodship shall notify the person concerned immediately in writing, stating the reasons for the refusal.
2. The disputes arising in connection with the refusal of the payment of the benefit from the Fund shall be decided by the court competent in matters of labour law.
Article 21. [ Execution of Fund's financial resources] 1. The financial resources of the Fund transferred to the payment of benefits may be subject to enforcement only for the benefit of the persons for whom they have been transferred.
2. The benefits paid from the Fund may be deducted advance payments on personal income tax, social security contributions financed from the funds of the insured person, contributions to health insurance, as well as maintenance receivables on the rules laid down in the Labour Code for the deduction of those duties on remuneration for work.
Article 21a. [ Payment of other benefits from the Fund] Other benefits may also be paid from the Fund under the rules laid down in separate statutes, provided that the Fund receives additional financial resources for payment of the Fund.
Article 22. [ Delegation] The Minister responsible for the work in agreement with the Minister responsible for public finance shall determine, by means of a regulation, the summary lists of the list and the supplementary lists referred to in Article 4. 15 para. 1 and 2, and the model of the application referred to in Article 2. 16 ust. 1 and Art. 17 para. 2, and the modality of their submission, as well as the transfer of funds from the Fund and the payment of benefits from the Fund, taking into account the legibility and completeness of those models and taking into account the persons entitled to the transfer of funds and the information required for the transfer of funds withdrawals from the Fund's financial resources.
Article 22a. [ Delegation] The Minister responsible for the work in agreement with the Minister responsible for public finance shall determine, by means of a regulation, the models of the proposals referred to in Article 4. 12a ust. 1 and Art. 14a par. 1, and the mode of their submission, as well as the mode of transmission of the Fund's financial resources, taking into account the legibility and completeness of those designs and taking into account the data of the persons empowered to transfer funds and withdrawals from the funds Fund.
Chapter 5
Scope and mode of return of funds to the Guaranteed Employee Benefits Fund
Article 23. [ Claim for Reimbursement Of Benefits Paid] 1. Transfer of funds of the Fund for the payment of benefits, as well as payment of the benefits from the Fund shall, by virtue of the law, transfer to the Marshal of the Province acting on behalf of the authorising officer of the Fund, the claim against the employer, the liquidator or any other person who manages the employer's property or claims to the mass of bankruptcy for the reimbursement of the benefits paid.
2. In the investigation of the reimbursement of paid benefits, the claim for the Fund shall benefit from the same legal protection as the separate provisions provide for the work receivable.
3. The dissponsor of the Fund may specify the conditions for reimbursement of receivables, in particular to spread into instalments, postpone the due date or waive in whole or in part from an investigation of recovery of receivables, or remit in whole or in part receivables, when there is a refund of receivables or leads to enforcement proceedings in relation to natural persons not engaged in business activities or entrepreneurs who have permanently ceased to pursue their business activity due to being left in the state liquidation or bankruptcy, if such a decision is taken by the authorising officer Fund:
1) leads to recovery of the refund of the higher amount than if such a decision has not been taken, or
2. the recovery investigation shall be linked to an increase in costs which are significantly higher than the amount of the amount that has been established, or
3) in the case of natural persons-when the person demonstrates that due to the state of the property and the family situation, including the obtaining of income preventing the payment of the receivables to the Fund, he is unable to repay the receivables once or in full, because it would cause too severe effects for her and her family, in particular, would depriving this person and her family of the opportunity to meet the necessary life needs.
4. The debtors of the Fund may specify the conditions for repayment of the receivables, in particular to spread over the instalments, to postpone the due date when there is a refund of receivables or conduct enforcement proceedings in relation to entrepreneurs, in such a way that it does not constituted State aid within the meaning of the provisions on public aid.
(5) The debtors of the Fund may specify the conditions for repayment of the claim, in particular to spread over the instalments, to postpone the due date or to waive all or part of the recovery of the claim, or to remit in whole or in part the receivables, when there is a refund of receivables or leads to enforcement proceedings in relation to entrepreneurs, in accordance with the rules of granting of aid de minimis , as defined in the relevant provisions of European Union law on aid de minimis .
6. The dissponsor of the Fund may waive the charge in whole or in part in cases of total irrevocability, when:
1) there is a reasonable presumption that in the enforcement proceedings there will be no amount higher than the costs of the investigation and execution of the receivables, or
2) a natural person has died, leaving no property, or left a movable property not subject to execution on the basis of separate regulations and at the same time does not have heirs other than the State Treasury or local government unit, or
3) a legal person or an organizational unit without legal personality, whose separate law grants legal capacity, has been deleted from the relevant register, while there is no property from which to enforce the charge, a the liability does not pass from the right to third parties, or
4) the bankruptcy court has issued the order referred to in art. 3 para. 1 points 3 or 4 or art. 8 ust. 1 point 1 lit. a.
7. Total uncollectibility shall also apply if the legal person or organizational unit referred to in the paragraph is. 6 point 3, in spite of the non-deletion from the relevant register does not actually exist.
8. The dissponsor of the Fund may waive the claim in whole or in part when the enforcement proceedings in relation to natural persons not engaged in business or entrepreneurs who have permanently ceased to pursue activities economic, it was cancelled entirely ex officio.
9. In the event of the occurrence of the conditions referred to in paragraph. 3-8, the Marshal of the Voivodship due to the seat of the employer requests the authorising officer of the Fund to determine the conditions for repayment of the claim, in particular the distribution into instalments, postponement of the due date for repayment or withdrawal in whole or in part the part of the recovery or remission of the claim in whole or in part of the claim.
10. Paragraph Recipe 1 shall not apply to the payment of benefits in the cases referred to in art. 17 para. 1.
11. The Minister responsible for the work shall determine, by way of regulation, the detailed scope of the information contained in the application referred to in paragraph 1. 9 and in Art. 23a ust. 4, bearing in mind the need to ensure the correctness and speed of the proceedings.
Art. 23a. [ Authorisation of the Marshal of the voivodship to give consent to the coverage of the claim of the arrangement] 1. The sponsor of the Fund may authorize the Marshal of the Voivodship competent due to the seat of the employer to express consent, referred to in art. 151 ust. 2 of the Act of 15 May 2015. -Restructuring law.
2. In the absence of expression by the Marshal of the voivodship of the consent referred to in art. 151 ust. 2 of the Act of 15 May 2015. -The restructuring law, and in respect of the claims of the Fund not covered by the arrangement in the restructuring procedure, the authorising officer of the Fund may conclude with the debtor, who has entered into a contractual arrangement with creditors in the restructuring proceedings, an agreement on the determination of the conditions for repayment of the claim, in particular for the payment of the payment to the instalment or postponed the due date if this leads to a refund of the claim in its entirety.
3. If the conditions of reimbursement referred to in paragraph 2, they constitute State aid, the agreement can only be concluded in accordance with the provisions of the restructuring law on public aid for restructuring.
4. In the event of the occurrence of the conditions referred to in paragraph. 2, the marshal of the voivodship competent on account of the employer's seat shall request the authorising officer of the Fund to determine the conditions for reimbursement of claims.
Chapter 6
Financing Of The Employee Benefit Fund
Article 24. [ Authorising Officer] 1. The Fund is a state special-purpose fund.
2. The Directorate of the Fund shall be the Minister responsible for the work of the Fund.
3. Dissponsor of the Fund:
1) may acquire rights and enter into obligations, subject to art. 26, suing and being sued;
2) conducts cases and occurs in the legal trade under the name of the Guaranteed Employee Witness Fund with its registered office in Warsaw. The address of the Fund's disposal shall be its address.
(4) The right of representation of the Fund shall be granted to the authorising officer of the Fund and acting on his behalf, on the basis of and within the scope of a power of attorney, to the agents of the Fund.
5. Mies of the Fund evidenced in the books, the authorising officer of the Fund may lease or rent to natural or legal persons, on the principles laid down in the provisions of the Civil Code.
6. The contribution of the Fund, the authorising officer of the Fund may delegate to the Management Board of the management of the partial division of this property on behalf of the authorising officer of the Fund, on the basis of a contract for the time marked free of charge or for remuneration or for use on time marked free of charge or for remuneration for the benefit of the Fund.
7. Transfer of immovable property in free use may be provided, provided that all the used property is intended solely for purposes related to the implementation of tasks of the Fund.
Article 25. [ Revenue from the Fund] 1. The income of the Fund shall be:
1) the contributions paid by employers;
2) interest on free funds transferred in management in accordance with the provisions on public finances;
3) transcripts and donations;
4) voluntary employers ' payments;
5) interest on the reimbursement of sums paid by the title of benefits returned after the deadline;
6) a positive difference in value from the sale of real estate and the rights associated with it and its equivalent, as referred to in paragraph. 2;
(7) the budgetary grant;
(8) income from the disposal of shares and shares covered by the Fund before 1 January 2002;
(9) resources from the customs funds;
10) other revenue.
2. The Fund's arrival shall be:
1) reimbursements of sums paid in respect of employee benefits and the equivalent in immovable property and associated rights assumed by the authorising officer of the Fund for outstanding claims on the payment of benefits and established security;
2) receivables from the lease and lease of property;
3) other revenues specified in separate regulations.
3. Listed in the mouth. 1 and 2 revenue and revenue shall be transferred to the Fund's bank account.
Article 26. [ Borrowing of loans for settlement of claims] The authorising officer of the Fund may, with the consent of the Minister responsible for public finance, take out loans and loans for the settlement of claims referred to in Article 4. 12.
Art. 26a. [ Use of foreign funds] The authorising officer of the Fund may undertake activities related to the execution of statutory tasks involving foreign funds.
Article 27. [ Purpose of the Fund's resources] 1. Fund resources shall be allocated to the financing of the benefits referred to in Article 3. 14, for the claims referred to in art. 12, and to cover the costs of the recovery and execution of the Fund's receivables, as well as the costs referred to in art. 31 par. 3.
The resources of the Fund shall also be earmarked for the financing of the tasks resulting from other laws. The Fund's authorising officer may transfer the amounts foreseen in the Fund plan for the financing of individual tasks and for the financing of new, unforeseen tasks in the event of their implementation of the Fund, but with the total amount appropriations for the financing of tasks resulting from the protection of workers ' claims in the event of the insolvency of the employer should not be reduced in order to be used for other purposes.
2. (repealed)
3. The sponsor of the Fund shall transfer to the separate bank account of the local government the funds of the Fund for the implementation of tasks related to the satisfaction of the claims, as well as the investigation of their return in the scope and on the principles specified in the Act, the funds for the financing of the personnel costs of the persons referred to in Article 31 par. 3, and to finance service costs associated with the performance of tasks.
4. Fund funds transferred to the bank account may only be used for the tasks specified in the paragraph. 3.
Article 27a. [ Delegation] The Minister responsible for the work will determine, by means of a regulation, the scope of information concerning the economy by means of the Fund, provided by marshals of voivodships to the Fund's disposal, and deadlines for their transfer, having regard to the necessity of to ensure the proper management of the Fund resources.
Article 28. [ Contributions to the Fund-employers ' costs] 1. The contributions to the Fund referred to in art. 9, burden the costs of the employers ' activities.
2. Employer after the date of its insolvency shall not be obliged to pay contributions to the Fund.
Article 29. [ The amount of contribution to the Fund] 1. The contribution to the Fund shall be determined from the payments on the basis of the assessment of the contributions to the pension insurance scheme without the application of the restriction referred to in Article 3 (1). 19 (1) 1 of the Act of 13 October 1998. o Social Security System (Dz. U. of 2016 r. items 963).
2. The amount of contribution to the Fund shall be determined by the Budget Act.
3. Until the determination of the amount of the contribution to the Finance Act, the premium shall be applied in the amount fixed for the previous year. After fixing the amount of the contribution to the Finance Act, the contributions shall adjust the amount of the contributions from the beginning of the financial year in the first month following the month in which the budget law is announced.
Article 30. [ Contributions to the Fund] 1. The collection of contributions to the Fund shall be performed by the Social Insurance Institution in monthly periods, including social security contributions, and the amounts collected by way of contributions shall be transferred to the bank account of the Fund within a period of up to 15. on the following month.
(2) In respect of the collection of contributions to the Fund, the execution of such contributions, the payment of interest on arrears and the additional fee and fines for the non-payment of contributions within the time limit, the provisions on social security contributions shall apply.
3. The costs of collection of contributions to the Fund shall be charged to the Fund's bank account and shall be reimbursed to the Social Insurance Company in the amount of 0,5% of the contributions of the Fund's contributions.
4. In the case of non-transfer of contributions to the Fund's bank account within the time limits referred to in paragraph. 1, from the Social Insurance Institution the statutory interest shall be due for the delay.
Chapter 7
Tasks of public authority
Article 31. [ The implementation of tasks for the protection of employees ' claims] 1. The Ministry of Labour and the Marshals of the voivodships, as specified in the Act on the protection of workers ' claims, shall be implemented by the provincial labour offices.
2. Marshals of voivodships shall draw up annually, within the time limits specified by the authorising officer of the Fund, contributions to the financial plans.
3. Measures for the remuneration of employees performing tasks in the scope of protection of employees ' claims and for the remaining costs of servicing the Marshals of voivodships receive on the basis of the limits specified by the authorising officer of the Fund in the financial plan Fund.
Article 32. (repealed)
Article 33. (repealed)
Article 34. (repealed)
Article 35. (repealed)
Article 36. (repealed)
Article 37. (repealed)
Article 38. (repealed)
Article 39. [ Labour Market Council] 1. The advisory and advisory body of the authorising officer of the Fund shall be the Labour Market Council, set up on the basis of the provisions on employment promotion and labour market institutions.
2. To the tasks of the Council on the matters referred to in paragraph. 1, in particular:
1) the opinion of the annual projects of the Fund's financial plans and reports on the implementation of these plans;
2) express opinions on the matters of borrowing and loans referred to in art. 26.
3) (repealed)
4) (repealed)
Chapter 7a
Audit
Article 39a. [ Audit scope] 1. The sponsor of the Fund may carry out on the Marshal of the voivodship inspections in the scope of:
(1) expenditure of the Fund's resources as intended;
2. observance of the rules and the mode of expenditure of the Fund;
3) the proper documentation and accounting of the Fund's received and expenditure;
4) the correctness of the redress of claims for the Fund;
5) the regularity of the implementation of the financial plan.
2. The controlled is obliged to make all documents available and provide explanations on matters within the scope of the control.
Article 39b. [ Controller] 1. The activities referred to in art. 39a, on behalf of and under the authority of the authorising officer of the Fund, shall carry out an employee of the office serving the Minister responsible for the work, hereinafter referred to as 'the controller'.
2. The controller, carrying out the activities referred to in art. 39a, it is obliged to show the service card and the imitated authorization indicating the Marshal of the voivodship, whose activities concern.
Article 39c. [ Implementation of post-control recommendations] 1. The sponsor of the Fund as a result of the operations carried out by the controller, referred to in art. 39a, may delegate recommendations to the Marshal of the Recommendation.
2. The Marshal of the voivodship in which the inspection activities have been carried out may, within 7 days from the date of receipt of the recommendations, raise objections to them.
3. The sponsor of the Fund shall respond to the reservations within 14 days from the date of their service.
4. In the case of failure by the authorising officer's disposal of the Marshal of the voivodship, within 30 days from the date of receipt of the information about the failure to take reservations, shall be obliged to notify the authorising officer of the Fund of the implementation of the recommendations.
5. In the case of consideration by the authorising officer of the Fund, the Marshal of the voivodship, within 30 days, shall be obliged to notify the authorising officer of the Fund of the implementation of the recommendations referred to in the paragraph. 1, taking into account the changes resulting from the reservations.
Art. 39d. [ Penalty of money] 1. The dissponsor of the Fund may impose on the Marshal of the Fund responsible for the non-realisation of the recommendations referred to in art. 39c, or non-availability of documents or failure to provide explanations referred to in art. 39a ust. 2, a monetary penalty of up to three times the monthly remuneration, calculated on the basis of the salary for the last 3 months preceding the month in which the penalty was imposed, irrespective of any other measures provided for by the provisions of law.
2. A monetary penalty shall be issued by the authorising officer of the Fund by way of an administrative decision, taking into account the size, degree and social detriment of the identified deficiencies.
3. The legal interest for the delay shall be collected from the monetary penalty not paid at the time of the delay.
4. The execution of the monetary penalty with the interest referred to in the paragraph. 3, takes place in the Act of 17 June 1966. on enforcement proceedings in the administration (Dz. U. of 2016 r. items 599 and 868).
Chapter 8
Amendments to the provisions in force, transitional and final provisions
Article 40. (bypassed)
Article 41. (bypassed)
Article 42. (bypassed)
Article 43. [ Application for payment of benefits from the Fund for unsatisfied claims] 1. Persons who are former employees or members of the families of deceased employees or deceased former employees, entitled to a survivor's pension, whose employee claims have not been met by the receiver, liquidator or former insolvent the employer, despite the final judgment of the court against those entities, may, by 30 June 2007, be able to do so. request a written request to the Head of the Office of the Field Office of the Guaranteed Occupational Benefit Fund for the payment of the benefit of the Fund for unsatisfied claims, in accordance with the provisions of Article 4 (1) of the EFF. 6 and 6a of the law referred to in art. 50 (1) in the version in force during the period for which the claims have not been satisfied.
2. Paragraph Recipe 1 shall apply to employees ' claims to which entitlement was created prior to the entry into force of this Act and for which the Fund's resources could not be paid on account of the failure to apply the application to the Fund in question in paragraph 1, failure to meet the requirements of the periods referred to in Article 6 or the terms referred to in Article 7 of the Act referred to in art. 50 (1) in the version in force during the period for which the claims have not been satisfied.
3. The provisions of the paragraph. 1 and 2 shall also apply, with the exception of the condition of a final judgment of the court against the syndicate, the liquidator or the former insolvent employer, in cases where the benefits of the Fund may not have been paid in connection with the Article. 29 par. 2 of the Act of 30 August 2002. the restructuring of certain public-law debts from entrepreneurs (Dz. U. Entry 1287, as of late. zm.).
4. The application referred to in paragraph 1. 1, it should include the definition of a receiver, liquidator or insolvent employer and an indication of the titles of claims referred to in the paragraph. 1, and their height. The application shall be accompanied by a final decision of the court referred to in paragraph 1. 1, and documents confirming the ineffectiveness of the execution carried out or the ineffectiveness of their investigation in the winding-up or bankruptcy proceedings carried out against the insolvent employer, subject to the paragraph. 5.
5. In the cases referred to in paragraph. 3, a court ruling is not required.
(6) Rules on the Fund shall be satisfied from the Fund's resources.
7. To payment of the benefits referred to in paragraph. Articles 1 and 2 shall apply mutatis mutandis. 7 ust. 3 and 4, art. 8, art. 9 ust. 1 and Art. 10 of the law referred to in art. 50 (1) in the version in force during the period for which the claims were not satisfied, and Article 50 (1) (a), 291 § 5 of the Labour Code.
Article 44. [ Office Workers] 1. As of the date of entry into force of the Act, the employees employed so far in the National Bureau of the Fund for Guaranteed Employee Benefits and in the Occupational Benefit Guarantee Fund Offices become the employees of the National Bank of the National Bank of the European Community. The Bureau of the Guaranteed Employee Benefit Fund and the Occupational Benefit Guarantee Fund Offices within the meaning of this Act.
2. Director of the National Bureau of Guaranteed Employee Benefits Fund and of the Biur managers referred to in Art. 12 (1) 5 of the Act referred to in art. Article 50 (1), established before the date of entry into force of this Act, retain existing working conditions and pay.
Article 45. [ Cash, fixed assets and other assets, receivables and liabilities of the Fund] On the date of entry into force of the Act cash, fixed assets and other assets, receivables and liabilities of the Guaranteed Employee Benefit Fund created under the Act mentioned in Art. 50 (1) become cash, fixed assets and other asset items, receivables and liabilities of the Guaranteed Employee Benefit Fund within the meaning of this Act.
Article 46. [ Contract Pages] 1. In cases instituted and not completed before the entry into force of the Act, the provisions of the existing one shall apply.
2. Supplementary lists submitted after the date of entry into force of the Act shall apply the existing provisions if before that date there was a composite summary list referred to in art. 7 ust. 1 of the Act referred to in Article 1 50 point 1.
3. From the date of entry into force of the Act the parties to the agreements concluded by:
1) The Guaranteed Employee Benefits Fund represented by the Director of the National Bureau of Guaranteed Employee Benefits Fund referred to in Art. 12 (1) 5 of the Act referred to in art. 50 point 1, becomes the Guarantee Fund Guarantee Fund represented by the Director of the National Bureau of Guaranteed Employee Benefits Fund referred to in art. 31 par. 2 of this Act;
2) The Guaranteed Employee Benefits Fund represented by the managers of the Field Offices of the Guaranteed Employee Benefits Fund, referred to in art. 12 (1) 5 of the Act referred to in art. 50 point 1, becoming the Guaranteed Employee Benefits Fund, represented by the managers of the Field Offices of the Guaranteed Employee Benefits Fund, referred to in art. 31 par. 3 of this Act;
3) The Director of the National Bureau of the Guaranteed Employee Benefits Fund or by the managers of the Field Offices of the Guaranteed Employee Benefits Fund referred to in Art. 12 (1) 5 of the Act referred to in art. 50 point 1 shall become, respectively, the Guarantee Fund Guarantee Fund, represented by the Director of the National Bureau of the Guaranteed Employee Benefits Fund or the Guaranteed Employee Benefit Fund represented by The managers of the field offices of the Occupational Benefit Guarantee Fund referred to in Article 31 par. 2 and 3 of this Act;
4) The National Office of the Guaranteed Employee Benefits Fund or the Office of the Occupational Benefits Guarantee Fund as referred to in art. 12 (1) 4 of the Act referred to in art. 50 point 1, become, respectively, the Guarantee Fund Guarantee Fund represented by the Director of the National Bureau of the Guaranteed Employee Benefits Fund or, respectively, the Guaranteed Benefit Fund represented by the managers of the Field Offices of the Guaranteed Employee Benefits Fund referred to in art. 31 par. 2 and 3 of this Act.
4. In the ongoing administrative and judicial proceedings, the parties of which are the managers of the Biur referred to in art. 12 (1) 5 of the Act referred to in art. 50 point 1, the parties shall become from the date of entry into force of the Law on the Steering of the Biur referred to in Article 50. 31 par. 3 of this Act.
Article 47. [ Transitional provision] Implementing rules issued on the basis of Article 11 and art. 12 (1) 7 of the Act referred to in art. 50 point 1, retain the power until the adoption of the implementing provisions pursuant to this Law.
Article 48. [ Definitions] 1. Whenever there are separate provisions, the provisions or statute mentioned in art shall be referred to. 50 point 1, this shall be understood by the provisions of this Law or by this Act as appropriate.
2. Whenever the provisions of the Guaranteed Employee Benefit Fund are referred to in separate regulations, this shall be understood by the Guarantee Fund of the Employee Benefits within the meaning of this Act.
Article 49. (bypassed)
Article 50. [ Repealed provisions] Expires on:
1) Act of 29 December 1993. the protection of employees ' claims in the event of the insolvency of the employer (Dz. U. of 2002. items 85, of late. zm.);
2) the Act of 28 June 1995. of the provision of the Guaranteed Employee Benefits Fund of certain benefits to pensioners (Dz. U. Entry 436 and 1996. items 267).
Article 51. [ Entry into force] The Act shall enter into force on the first day of the month following that of the announcement
Article 51.
1) This Act shall apply to the implementation of Directive 2002/74/EC of the European Parliament and of the Council of 23 September 2002 on the implementation of Directive 2002/74/EC. 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 workers in the event of the insolvency of their employer (Dz. Urz. EC L 270, 08.10.2002, p. 10; Dz. Urz. EU Polish Special Edition, rozdz. 5, t. 4, str. 261).
[ 1] The Act lost power on the basis of art. 66 of the Act of 2 July 2004. -Provisions Introducing the Act on the freedom of economic activity (Journal of Laws No. 173, item. 1808, of 2009 Nr 18, pos. 97 and 2011 No. 131, pos. 764).
[ 2] Currently: Central Registration and Information on Economic Activity, on the basis of art. 68 of the Act of 19 December 2008. to amend the Act on Freedom of Economic Activity and to amend certain other laws (Journal of Laws of 2009 Nr 18, pos. 97), which entered into force on 1 July 2011.
