Employees Claims

By decision of the Szczecin-Centrum District Court in Szczecin, 12th Commercial Division of 31 March 2020 (file reference number: XII GU 4/20), the company was declared bankrupt. Bankruptcy proceedings are conducted under reference number XII GUp 29/20.

The official receiver informs that employee claims do not require notification, as they are placed on the list of claims ex officio on the basis of data collected in the bankrupt's documents.

Receivables from the employment relationship falling before the declaration of bankruptcy and falling in the last three years before the declaration of bankruptcy of receivables from social security contributions within the meaning of the Act of 13 October 1998 on the social insurance system (Dz. Laws of 2019, items 300 and 303) are subject to satisfaction in the first category.

Employee receivables arising after the date of declaration of bankruptcy constitute the cost of the bankruptcy proceedings and are satisfied as far as cash and cash flows are concerned. It should be borne in mind, however, that employee claims satisfied in the first category are only satisfied after the costs of the proceedings and the estate of the bankruptcy have been fully satisfied in accordance with art. 343 Bankruptcy Law.

Preparation of the list of claims in this bankruptcy procedure will be a lengthy process, and the trustee will inform on this page about the date of its preparation and submission to the court.
The receiver will prepare applications for the Guaranteed Employee Benefits Fund on the basis of the Act of 13 July 2006 on the protection of employee claims in the event of the insolvency of the employer. Persons entitled to benefits are:

• 1) employees of an insolvent employer,
• 2) former employees of an insolvent employer,
• 3) family members of a deceased employee or deceased former employee, entitled to a survivor's pension,
• 4) persons who perform paid work on a basis other than an employment relationship, if they are subject to the social insurance obligation in this respect.

Employee claims (e.g. remuneration for work, remuneration for stopping time, equivalent for unused vacation, compensatory allowance, severance pay, compensation for shortening the notice period) are subject to satisfaction for a period not exceeding than 3 months immediately preceding the date of the insolvency of the employer or for a period not longer than 3 months immediately preceding the termination of the employment relationship, if the termination of employment falls within a period not longer than 12 months preceding the date of the employer's insolvency.

Total the amount of benefits for a period of one month may not exceed the average monthly salary from the previous quarter announced by the President of the Central Statistical Office on the basis of provisions on pensions from the Social Insurance Fund, effective as at the date of submission of the aggregate list or supplementary list or as at the date of submission of the individual application.

The trustee plans to submit a collective list of all unmet employee claims. However, certainly - due to the number of employees and the issue of organization of the HR department - the monthly deadline for submitting the above list will be extended.

The receiver will inform about the date of submission of the above-mentioned aggregate list via the website.

Questions and requests can be directed via @: upadlosc(at)st3-offshore(dot)com
At the same time - the goal enabling the receiver to take the most important steps in bankruptcy proceedings - please do not attempt to contact the receiver in this matter directly.