Créditos laborais e insolvência do empregador – Quid iuris?

Abstract

It is well known that the celebration of an employment contract implies the legal subordination of the employee towards the employer, which justifies why the employee is considered the weakest part of that legal relationship. Bearing this in mind, our Labour Code mostly assumes a protective stance towards the employee because of said subordination. In our legal system, the legal-commercial fabric is particularly volatile, which is why a company’s insolvency is not rare, despite its activity. Therefore, with this paper, we aim to study the protection granted to employees in the face of the publicly acknowledged incapacity of their employer to fulfil, perfectly and timely, their obligations.