Radionova-Vodyanitska V. Legal regulation of relations in the field of labour law in the case of the bankruptcy of the employer

The institute of bankruptcy has inter-branch nature and includes civil law regulations, economic law regulations, administrative law regulations. This statement has been argued in the dissertation by author. It has been defined that international acts provide for 2 systems of workers' financial interests protection in the case of the bankruptcy of the employer: (а) privilege satisfaction of the requirements of dismissed workers concerning wages, guarantees and compensations, which are provided by labour law; (b) development of guarantee insurance funds. Benefits and weak points of each system have been identified. It is necessary to develop and present to the Verkhovna Rada of Ukraine draft law "For workers' financial interests protection in the case of the bankruptcy of the employer" for the purpose of making qualitatively new level of workers' right protection and implementation of the State Program for Adaptation of Ukrainian Legislation to the Legislation of the European Union. This draft law should ensure the right: (а) worker's right for getting wages before the termination of the procedure of bankruptcy by transfer of financial requirements concerning wages and other points, resulting from labour relations, to specialized guarantee funds; (b) the right of guarantee funds to apply to the economic court on behalf of creditors of the first turn with і the application for a recognition of the debtor as the bankrupt; (c) the right of guarantee funds to represent of financial interests of workers, which appear from labour contracts, in the case of the bankruptcy of the employer.