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Legal status

 

The basic legal acts governing the operations of the Guaranteed Employee Benefits Fund are as follows:

• The act of 13 July 2006 on the protection of workers’ claims in the event of the insolvency of an employer (Journal of Laws 2006, No 158, item 1121)
• Regulation of the Minister of Labour and Social Policy of 5 February 2008 on the organization, manner, mode and scope of operation of the National Office and Regional Offices of the Guaranteed Employee Benefits Fund (Journal of Laws 2008, No 27, item 159)
• Regulation of the Minister of Labour and Social Policy of 28 March 2007 on the lists, applications and payments of benefits out of the Guaranteed Employee Benefits Fund (Journal of Laws 2007, No 53, item 356)

The act of 13 July 2006 on the protection of workers’ claims in the event of the insolvency of an employer (Journal of Laws 2006, No 158, item 1121).

In accordance with Article 24 par. 1 of the act on the protection of claims (...) the Guaranteed Employee Benefits Fund is a national earmarked fund with the capacity to enter into legal transactions. Its statutory tasks are carried out by the Authorized Officer of the Fund – the Minister of Labour – through the National Office and Regional Offices of the Guaranteed Employee Benefits Fund. 

Chapter 6

Funding of the Guaranteed Employee Benefits Fund

Article 24 

1. The Guaranteed Employee Benefits Fund shall be a national earmarked fund and it shall have the capacity to enter into legal transactions.
2. The Minister of Labour shall be the Authorized Officer of the Fund.

Chapter 7

Organisation of the Guaranteed Employee Benefits Fund 

Article 31

1. The tasks of the Fund shall be realized by the Minister of Labour through his subordinate organizational entities which do not have the capacity to enter into legal transactions. 

1)     The National Office of the Guaranteed Employee Benefits Fund and

2)     Regional Offices of  the Guaranteed Employee Benefits Fund supervised by the National Office of the Guaranteed Employee Benefits Fund.

2. The National Office of the Guaranteed Employee Benefits Fund shall be managed by a director who shall be appointed and recalled by the Authorized Officer [Dysponent] of the Fund.
3. The Regional Offices of the Guaranteed Employee Benefits Fund shall be managed by managers appointed and recalled by the director of the National Office of the Guaranteed Employee Benefits Fund.
4. The director of the National Office of the Guaranteed Employee Benefits Fund shall perform on behalf of an employer acts within the scope of labour law with respect to the employees of the Offices, referred to in par. 1.
5. The costs of servicing of the Fund incurred by the Offices, referred to in par. 1, shall be borne by this Fund.
6. The Minister of Labour shall determine by way of a resolution, the organization, manner, mode and scope of operation of the Offices, referred to in par. 1, with a view of ensuring the appropriate realization of the Fund’s objectives.

In view of the above and the Article 4 paragraph 1 subparagraph 4 of the act of 30 June 2005 on the public finance (Journal of Laws No 249, item 2104 as amended), the Guaranteed Employee Benefits Fund shall be the entity of the public finance sector.