Bankruptcy trustee is a valid employer acting for the insolvent company under labor law.
Pologne (PL)
Synthèse Legislator
Généré par l'IAThe Supreme Court dismissed the employee's cassation appeal, upholding the district court's decision that the bankruptcy trustee acted as the employer. The court found that upon bankruptcy, the company's organs lose legal capacity, leaving the trustee as the sole authorized entity to manage assets and conduct labor relations. Consequently, the trustee's termination of the employee's contract was a valid exercise of employer authority rather than an unauthorized act by a former organ.
Regeste Legislator
Généré par l'IAArt. 31 k.p.; Art. 20 ust. 1 Prawa upadłościowego; Art. 90 Prawa upadłościowego; Art. 60 Prawa upadłościowego: Upon the declaration of bankruptcy, the bankruptcy trustee becomes the legal organ of the insolvent employer and is exclusively authorized to perform labor law actions, including terminating employment contracts.