Protection of Workers’ Rights in Bankruptcy Proceeding in Serbian and Western Balkans Legislation

• DOI: 10.33067/se.3.2024.14
• Publication Date: 2024-11-08T10:48:57Z
• Authors: Marija Mijatović; Zoran Vavan; Tamara Gajinov
• Keywords: Serbian

The protection of workers’ rights in bankruptcy proceedings is a matter supreme importance every country. Comparing national laws, one could conclude that the predominant solution to grant workers position privileged creditors. In Serbia, are protected by means two laws: Labour Law, which lex generalis for this area, and Bankruptcy has role specialis. addition during before commercial courts, can appeal state’s guarantee institution, namely, Solidarity Fund. Serbia is, therefore, among countries employ mixed – protectionist system. By analysing legal solutions related these issues, authors want determine correlation between those at European Union level, consider problems bringing claims practice. They have also reviewed current legislation some Western Balkans including Croatia as member EU, Bosnia Herzegovina, candidate status akin Serbia. Serbian law modern, hybrid approach securing proceedings, but there room improving regulations area. This be achieved by, inter alia, increasing volume guaranteed workers, restricting reasons initiating making preliminary payments initial stages keeping court records on percentage being realised proceedings.