The court considered salary claims within the framework of the debtor's bankruptcy

The Arbitration Court of the North-West District considered the claim of the former employee of the debtor to include the debt under the employment contract in the register of creditors’ claims.  At the same time, the bankruptcy trustee expressed disagreement with the claims and made an attempt to challenge the documents on which the applicant's arguments were based.

The claims of the former employee of debtor were partially satisfied by the court of first instance, as well as the claim of the trustee to challenge the order to pay wages. Thus, the claims for the collection of wages from the bankrupt company were only partially satisfied.

The board of the court of appeal considered that the contentious issue in its essence is an individual labor dispute, which should be considered, but not within the framework of the insolvency case of the debtor.

In accordance with this position, the court of appeal terminated the dispute on the complaint.

However, the district court expressed disagreement with this position, indicating that an individual labor dispute is characterized by the presence of unresolved disagreements between the employee and the employer regarding the application of labor law. At the same time, in the case under consideration, the disagreements of the disputing parties arose from the insolvency of the debtor, who did not pay part of the salary to the employee.

The result of the consideration of the complaint was the cancellation of the ruling of the court of appeal and the referral of the case for reconsideration to the court of second instance (decision of August 24, 2021 in case № A13-7533 / 2017).