Naslov
New regulation on insurance of workers claims in Croatian bankruptcy law - a model for legal translantation?

Autori
Bodul, Dejan

Vrsta, podvrsta i kategorija rada
Poglavlja u knjigama, znanstveni

Knjiga
Law and transition - Collection of papers, Faculty of law, University of Belgrade in cooperation with German foundation of International legal cooperation (IRZ)

Urednik/ci
Milisavljević, Bojan ; Jeremović Petrović, Tatjana ; Živković, Miloš

Izdavač
Pravni fakultet Univerziteta u Beogradu

Grad
Beograd

Godina
2017

Raspon stranica
297-306

ISBN
978-86-7630-721-0

Ključne riječi
Bankruptcy ; Worker Protection ; Proportionality

Sažetak
A number of problems have been observed in the years-long practical application of bankruptcy rules. The legislator intends to eliminate these problems by adopting the new Bankruptcy Act. At present, the position of workers in bankruptcy proceedings is determined by the Bankruptcy Act through specific provisions in the contract of employment. In order to further economically and socially improve the position of workers, but also in order to harmonise it with the provisions of both the Bankruptcy Act and the Labour Act, the Act on Insuring Workers' Claims in case of the Employer's Bankruptcy has experienced significant changes. With the existing system of protection of the substantive rights of workers in case of the Employer's Bankruptcy and in order to further protect the substantive rights of workers arising from employment, the latest amendments have implemented a new way of protecting the livelihood of workers by paying them minimum wages at the expense of the Agency in the event of a blockade of employers' accounts because of the impossibility to enforce the collection of non- paid salaries or salaries compensation. We pose a question whether there is proportionality between the objectives that are to be achieved by the aforementioned amendments and the resources utilised for its achievement. The complexity of research aims dictated the choice of method, so the author primarily used the statistical, normative, and comparative methodological approaches. Due to the limited extent of the paper, author is forced to limit his observations only to some aspects of bankruptcy regulations.

Izvorni jezik
Engleski

Znanstvena područja
Pravo

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