Uwzględnienie roszczeń funduszu gwarantowanych świadczeń pracowniczych w podziale sumy uzyskanej z egzekucji

Abstrakt

The article discusses the inclusion of dues payable to the Fund of Guaranteed Workers’ Benefits in the body of assets received on execution. The Author criticises the position of Supreme Court according to which claims of the Fund are treated as sums due for work and are included in group 3 or 6 (mentioned in Article 1025 § 1 of Civil Procedure Code). The division scheme of the sum received on execution should take account of dues payable to all of the workers by the Fund. From de lege ferenda perspective, it seems justifiable to add to the Code an article which would determine the order of payments and the amounts due to the Fund when dividing the body of assets received through execution proceedings. It seems that such dues should be in full amount, but they should follow any dues resulting from contracts of employment, claimed by the former workers.