Acta Universitatis Danubius. Juridica, Vol 6, No 1 (2010)

Abstract

 

In this topic are discussed certain provisions of Directive no. 80/987/CEE amended by Directive   2002/74/EC on the protection of outstanding claims for the opening of employer insolvency law and to ensure no. 85/2006 outstanding claims under the Act no. 200/2006. It was argued that, in line with the Community Directive, the protection of outstanding claims will take place once the application for opening insolvency proceedings finding employer collective aspect emphasized in the practice community court. Also showed that wage arrears in the category of resources that are supports of the Guarantee Fund under the Law no. 200/2006, no references are made on payments due for unfair dismissal as provided in the Community directive which in fact, the law impose such a provision.