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handle: 10593/5250
On July 13, 1990, the Parliament o f the Republic of Poland voted the law on privatization of State owned enterprises. The law in question comprised a series of pro-employees dispositions including a possibility for them to take over the enterprise for to use it against payment. Such a technique has been defined as leasing-like privatization and became quickly - in quantitative aspect - a leading path of privatization. The conception of employees’ privatization (which in Poland has assumed concrete from of leasing-based companies) admitted that within the existing legal order the property of a State owned enterprise was not univocally assigned to the State because there is here an essential, virtual self-governmental component. In Summer ’89 the idea of the ESOP (Employee Share Ownership Plan) - imported from the USA - made its appearance in Poland. It was met with great enthusiasm in the employees’ milieu of the country. It seemed to the advocates of the ESOP that the ideas of general employees’ share ownership do perfectly meet expectations and conditions of Polish national economy. This idea was perceived as a sui generis panacea - first of all of social character - for all the pains involved with the process of systemic transformation. And despite of the fact that the American ESOP conceptions have never been generally adopted in Polish practice - they were o f a very important impact on developing of the so-called leasing-bome privatization.
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