The salary fund before the dismissal of the person who is part of the mercantile that continues the activity

Abstract

In contexts of economic crisis, the attempt of those who saw their contract expired due to the closing of the company is a recognizable phenomenon, revive productive activity, constituting limited societies that, with different tools from the social economy, they revive the activity of that insolvent or bankrupt company taking advantage of their work experience, and contacts with former suppliers and customers. This “reconstruction” of the bankrupt company is perceived in many cases, by the Wage Guarantee Fund, as a succession phenomenon which eliminates the right of such workers to receive compensation arising from that contractual extinction which the guarantee body does not consider as such. In this project we intend to distinguish those assumptions in which the true company succession concurs and which neutralizes the intervention of the Wage Guarantee Fund, those other cases in which, following the flexible interpretation of our courts faced with a panorama of destruction and scarcity of employment as the current, compensation for jobs lost with the new labour provision that arose from the ashes of the old company is considered to be compatible.