Pregledni rad
THE PRINCIPLE OF SOCIAL BEHAVIOUR IN THE INSOLVENCY PROCEEDINGS WITH EMPHASIS ON WORKERS' RIGHTS
Vanja Smokvina
; Pravni fakultet Sveučilišta u Rijeci
Dejan Bodul
; Pravni fakultet Sveučilišta u Rijeci
Ante Vuković
; Stečajni upravitelj, Split
Sažetak
The development of labour law legislation in the Republic of Croatia after 1994 began with the enactment of the Labour Act (Official Gazette No. 38/95, 54/95, 65/95, 102/98, 17/01, 82/01, 114/03, 123/03, 142/03, 30/04 and 68/05), whereas the new Labour Act was enacted in 2009 (Official Gazette No. 149/09, 61/11 and 82/12). Likewise, the legislation on insolvency law following the Insolvency’s Act entry into force on 1 January 1997 was amended as much as seven times (Official Gazette No. 44/96, 29/99, 129/00, 123/03, 82/06, 116/10, 25/12 and 133/12), along with the enactment of the Act on Securing Workers’ Claims in the Case of Employer's Insolvency (Official Gazette No. 86/08) and the Act on Financial Restructuring and Pre-Bankruptcy Settlement (Official Gazette No. 108/12 and 144/12). The direct and main aim of the legislator was to keep and further the development of labour law and insolvency law. With the mentioned amendments attempts were made to modernize the previous regulation of some parts of insolvency and labour law legislation, in conformity with better solutions founded on experience of jurisdiction and legal theory. The change in the concept of duration of a contract of employment and the regulation of labour relationship in the insolvency proceedings is connected with other wider social changes and primarily with the transfer and the impact of the neoliberal economic doctrine. The process of transition and the institutional transformation of the market have created the need for a new type of social state and a radically changed spectrum of its functions. Although the intertwined complex relations between the market and the state have changed, they have not disappeared, as is made clear this paper. In a situation in which the recession impacts the Croatian economy, and consequently the labour market, we are now facing more frequently cases of new insolvency proceedings. With this in mind the authors highlight the interdependence of labour and insolvency law and illustrate tensions and their permanent conflict with the view of exploring the principle of social behaviour in insolvency legislation.
Ključne riječi
insolvency procedure; contract of employment; workers' rights; insolvency law; labour law
Hrčak ID:
116300
URI
Datum izdavanja:
12.4.2013.
Posjeta: 3.703 *