Sytuacja prawna pracowników niewypłacalnego pracodawcy (Uwagi w świetle paktu o przedsiębiorstwie oraz standardów międzynarodowych)

Abstract

The article consists of four parts. Part I presents a historical outlook at the norms pertaining to the protection of employee claims in bankruptcy. Under the Bankruptcy Law of 1934, this protection was insufficient. The 1990 amendments to the Bankruptcy Law have included all employee claims to the bankrupt estate and located them in the most privileged category. Part II presents the impact of t h e declaration of bankruptcy on the protection of stability of the employment relationship. Parts III and IV discuss the draft law on protection of employee claims in insolvency. The author compares the draft with respective international standards, i.e., the Directive No. 987/80 of t h e Council of European Communities, as well as the ILO Convention No. 173 and Recommendations No. 180 of 1992.