RusBankrot
We know everything about bankruptcy
19/09/2024
Thursday
THIS DAY IN HISTORY:
19 September 
1970 Scott Fahlman proposed using emoticons as a way to express emotions on the Internet.
1970 The Council of People's Commissars of the RSFSR banned the export of art and historical monuments abroad.
1970 The first beauty contest was held in Belgium.
19 September
1970 Scott Fahlman proposed using emoticons as a way to express emotions on the Internet.
1970 The Council of People's Commissars of the RSFSR banned the export of art and historical monuments abroad.
1970 The first beauty contest was held in Belgium.
Features of payment for the assigned claims of the debtor's employees
The Federal Tax Service applied to the court to challenge the actions of the manager (case no. A48-2361/18). Partially satisfying the requirements, the courts of two instances proceeded from the illegality of transferring additional liability insurance from the bankruptcy estate of the former debtor's manager and their liability.
In addition, the courts found the arguments of the Federal Tax Service about the illegal transfer of funds to the companies by the managers to be justified.
The cassation sent the dispute for a new consideration in part and noted that the interest (monetary compensation) provided for by the Labor Code of the Russian Federation is subject to recovery from the employer even if the payments due to the employee were not accrued and paid to him on time, and the court decision recognized the employee's right to receive them. At the same time, the amount of interest (monetary compensation) is calculated from the amounts actually unpaid from the day following the day when, in accordance with the current legal regulation, these payments should have been paid upon their timely accrual, up to and including the day of actual calculation.
From the terms of the text of the assignment agreements (all contracts are identical in wording) concluded between employees and companies, it follows that the assignor transfers to the assignee, and the latter accepts, without any exceptions and exceptions, in the manner and on the terms determined by this agreement, the rights of the creditor (including, but not exclusively, the right to claim the debt: salary, compensation for unused vacation on dismissal, severance pay).
As the instance noted, the contracts reflect that "the rights of the assignor are transferred to the assignee in the amount and on the terms that exist on the date of signing this agreement within a certain amount." Thus, at the time of the conclusion of the assignment agreements, the employees did not exercise their right to receive compensation for late payment of wages overdue in a court of general jurisdiction, and the employees actually did not receive compensation for late payment of wages. According to the assignment agreements, the nominal value of the wage arrears was transferred to them.
In addition, the courts found the arguments of the Federal Tax Service about the illegal transfer of funds to the companies by the managers to be justified.
The cassation sent the dispute for a new consideration in part and noted that the interest (monetary compensation) provided for by the Labor Code of the Russian Federation is subject to recovery from the employer even if the payments due to the employee were not accrued and paid to him on time, and the court decision recognized the employee's right to receive them. At the same time, the amount of interest (monetary compensation) is calculated from the amounts actually unpaid from the day following the day when, in accordance with the current legal regulation, these payments should have been paid upon their timely accrual, up to and including the day of actual calculation.
From the terms of the text of the assignment agreements (all contracts are identical in wording) concluded between employees and companies, it follows that the assignor transfers to the assignee, and the latter accepts, without any exceptions and exceptions, in the manner and on the terms determined by this agreement, the rights of the creditor (including, but not exclusively, the right to claim the debt: salary, compensation for unused vacation on dismissal, severance pay).
As the instance noted, the contracts reflect that "the rights of the assignor are transferred to the assignee in the amount and on the terms that exist on the date of signing this agreement within a certain amount." Thus, at the time of the conclusion of the assignment agreements, the employees did not exercise their right to receive compensation for late payment of wages overdue in a court of general jurisdiction, and the employees actually did not receive compensation for late payment of wages. According to the assignment agreements, the nominal value of the wage arrears was transferred to them.
16.09.2024
