The Impact of Art. 25 of the European Social Charter on the Protection of Claims of Employees in the Event of the Insolvency of Their Employer in the Polish Law
The purpose of this article is to assess whether Poland could, at present, ratify and become legally bound by Article 25 of the European Social Charter. The question remains all the more pertinent in view of the reference to the content of the Charter in the European Court of Human Rights judicial...
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| Format: | Article |
| Language: | English |
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University of Bialystok, Faculty of Law
2023-12-01
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| Series: | Eastern European Journal of Transnational Relations |
| Subjects: | |
| Online Access: | https://eejtr.webdev.net/article/view/847 |
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| Summary: | The purpose of this article is to assess whether Poland could, at present, ratify and become legally bound by Article 25 of the European Social Charter. The question remains all the more pertinent in view of the reference to the content of the Charter in the European Court of Human Rights judicial practice, even in case of the States that have not accepted a particular part of the Charter. The aforementioned provision requires that the State, as a signatory to an international agreement, establish a public institution responsible for ensuring that employees receive their benefits for a specified period when, due to objective reasons such as bankruptcy, liquidation, or an industry crisis, their employer cannot make these payments. This responsibility of the public authority is essential for upholding the sustenance role of wage compensation and alleviating the impact of job loss due to economic factors. The article describes the current state of the law, the institution of the Guaranteed Employee Benefits Fund, along with the way it is financed, emphasizing the unique definitions of 'employee' and 'employer' and the concept of insolvency within the reviewed legislation. Equally important is highlighting the international and European legal sources that bind the Republic of Poland, which influenced the legislator in developing the components of the social security system.
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| ISSN: | 2544-9737 |