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Dr hab. Marek Mrówczyński
ORCID: 0000-0003-3614-2628

Habilitated doctor of law, professor at Kazimierz Wielki University in Bydgoszcz, head of De­partment of Civil Procedure, formerly judge of a district court. He is an author of numerous publications in the field of civil procedure and insolvency law.

 
DOI: 10.33226/0032-6186.2026.3.5
JEL: K20

In the article the author discusses situations of applying sanctions prescribed in Polish Insolvency Act to an employ­ee, i.e. person being a part of employment contract. Some of these sanctions are possible to apply in case of insolven­cy of a debtor being an employer, regardless of an insolven­cy order. Additionally some of them are necessary during insolvency proceedings to prevent from ineffectiveness of the proceedings. The discussion comprise: avoidance ac­tions referring to employee’s salary, his liability in tort and criminal responsibility, coercive measures, and disqualifi­cation of directors. Sanctions applied to an employee are of course exceptions, that become real if an employee is at the same time a director (member of a directory board) or a manager, in some cases – even a shadow director. These sanctions are motivated by the necessity of protection of creditors and generally the certainty of legal transactions.

Keywords: employee; insolvency; insolvency proceedings; civil liability; criminal responsibility