European Employment Law Cases

Case Reports

2021/10 Employee’s right to a guaranteed payment arises after a court decision for opening of bankruptcy proceedings is published (BG)

Keywords Insolvency
Authors Kalina Tchakarova
Author's information

Kalina Tchakarova
Kalina Tchakarova is a partner at Djingov, Gouginski, Kyutchukov and Velichkov.
  • Abstract

      The Bulgarian Supreme Administrative Court has ruled that an employee’s right to a guaranteed payment from the Guaranteed Receivables Fund arises only after a court decision for opening of bankruptcy proceedings has been issued and the decision has been published in the Commercial Register with the Registry Agency of the Republic of Bulgaria. Therefore, if this condition is not met, the employee is not entitled to such payment even if the employer is de facto insolvent.

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