Fondul de garantare pentru plata creanłelor salariale prin prisma normelor dreptului comunitar si nałional
The fund of guarantee for payment of wage related claims according to the community and national law

Summary/Abstract: The purpose of the European Union in elaborating Directive No. 80/987/CEE on 20.X.1980 1980 on the approximation of the laws of the Member States relating to the protection of employees in the event of the insolvency of their employer is to coerce the Member States which record differences aiming at worker protection in this field, to strive to reduce such differences, necessary to ensure a balanced economic and social development within the Community. This Directive shall apply to the claims of all paid employees resulting from employment contracts or employment relationships agreed upon with employers who are in insolvency, regardless of such contracts or legal relations of employment being of indefinite or fixed duration, or part-time. Within the Directive, an employer is deemed to be insolvent if a request was made for the opening of collective proceedings based on the employer’s insolvency, provided in the laws, regulations and administrative provisions of a Member State. Moreover, Member States must provide detailed rules on the organization, financing and operation of the guarantee institutions which should observe the following principles: a) the patrimony of institutions must be independent of the operating capital of employers and it must be constructed so that the latter cannot be seized during the insolvency proceedings; b) employers shall contribute to the financing, if it is not fully covered by public authorities; c) the liabilities of institutions are considered independent in relation to the fulfillment of the obligations for funding contribution.

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