Protecția salariaților în cazul insolvenței angajatorului
Protection of employees in case of employer insolvency

Summary/Abstract: The year of 2020 was an atypical year in what concerns both the employer-employee relationship, but also when looking to the ordinary performance of the labour agreements. No matter if it was a suspension or temporary cessation of the normal business activity, the revenues reduction was mainly felt by employees whose labour agreements were adjusted accordingly and whose income decreased during the pandemic period. This is also the reason why, in line with the mandatory case law of the CJEU, Member States shall continue to work toward the clearest possible fulfillment of the obligation to guarantee the employees’ rights. We will analyze in the following paragraphs, the main means and methods for protecting the employees’ rights in the context where the employer is facing an insolvency procedure. The state of insolvency, as a factual matter, means giving the employer a chance of effective and real recovery, with the possibility of reintegrating the employer into ordinary civil circuit. It is clear that, in the course of insolvency proceedings, the employees working for the affected company will be the first ones to suffer from the lack of financial resources of the employer, who, in this case will not be able to pay their salaries. Of course, this situation requires adequate protection of the employees’ rights and interests.

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