雇主破产时对雇员的国内索赔保护制度的有效性

Tijana Kovačević
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引用次数: 1

摘要

在本文中,作者分析了在破产诉讼中雇员对其雇主的索赔得到保护的方式。本文的第一部分讨论了单独应用或与其他手段相结合的各种保护方式,所有这些都是为了为破产中的员工提供更好的保护框架。该文件的中心部分专门讨论塞尔维亚保护制度的有效性问题,这是用破产程序中债权人已解决的这类索赔的数量,即团结基金支持的索赔数量来衡量的。为了实现预期的目标,有必要将雇员索赔的保护置于更广泛的背景下,这意味着劳工和破产法研究所的协调。由于塞尔维亚的情况并非如此,发件人指出了因此在实践中产生的一些问题,这些问题是通过对团结基金雇员的访谈和对该机构自成立以来发表的关于其工作的报告的分析而查明的。最后,一项比较审查表明,保护雇员的劳工法机制是有限的,从这个意义上说,可以考虑将这些机制扩大到没有启动正式破产程序的雇主(经过适当调整)。这是一个值得注意的独特的理论建议,因为该文件从一个假设开始,即如果雇员更熟悉团结基金的工作,并且如果基金的工作组织方式有所不同,那么在未解决索赔方面保护雇员的制度就会有效得多。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
The effectiveness of the domestic claims protection system for employees in the event of employer bankruptcy
In this paper, the author analyses the ways in which the claims of employees in bankruptcy proceedings against their employer are protected. The first part of the paper discusses various modalities of protection that are applied alone or in combination with other means, all in order to provide a better protection framework for employees in bankruptcy. The central part of the paper is dedicated to the issue of the effectiveness of the Serbian protection system, which is measured by the number of settled claims of this type for creditors in bankruptcy proceedings, i.e. the number of upheld claims before the Solidarity Fund. In order to achieve the desired goal, it is necessary to place the protection of employees' claims in a broader context, which implies the harmony of the institutes of labour and bankruptcy law. As this is not the case in Serbia, the author points out a number of problems that arise in practice as a result, which were identified through interviews with employees of the Solidarity Fund and an analysis of reports on the work of this institution published since its establishment. At the very end, a comparative review shows that labour law mechanisms for the protection of employees are limited, and that, in that sense, expanding them to employers who have not initiated formal bankruptcy proceedings could be considered (with adequate adjustments). It is a unique theoretical proposal that deserves attention since the paper starts from the hypothesis that the system of protection of employees in terms of unsettled claims would be much more effective if they were more familiar with the work of the Solidarity Fund and if the way in which the Fund's work is organized was different.
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