Guarantee Institutions (Employer's Insolvency)


Guarantee Institutions (Employer's Insolvency) :

In European Union (EU) labour law, institutions that guarantee the payment of workers outstanding claims resulting from contracts of employment or employment relationships, and relating to pay for the period prior to a given date. Each EU Member State can determine this date to be one of the following: that of the onset of the employer's insolvency; that of the notice of dismissal issued to the workers concerned because of the employer's insolvency; or that on which the contract of employment or the employment relationship with the worker concerned was discontinued on account of the employer's insolvency. In general, Member States shall ensure one of the following: (1) payment of outstanding claims relating to pay for the last three months of the contract of employment or employment relationship occurring within a period of six months preceding the date of the onset of the employer's insolvency; (2) payment of outstanding claims relating to pay for the last three months of the contract of employment or employment relationship preceding the date of the notice of dismissal issued to the worker on account of the employer's insolvency; (3) payment of outstanding claims relating to pay for the last 18 months of the contract of employment or employment relationship preceding the date of the onset of the employer's insolvency or the date on which the contract of employment or the employment relationship with the worker was discontinued on account of the employer's insolvency. In the latter case, Member States may limit the liability for payment to a period of eight weeks or to a number of shorter periods totalling eight weeks. However, in order to avoid the payment of sums that exceed the social objective in cases of employer insolvency, Member States may set a ceiling on liability for workers� outstanding claims. In this case, Member States shall inform the Commission of the methods used to set the ceiling. Furthermore, Member States shall lay down detailed rules for the organization, financing and operation of the guarantee institutions, complying with a number of principles, in particular: (1) The assets of the institutions shall be independent of the employers operating capital and be inaccessible to proceedings for insolvency. (2) Employers shall contribute to the financing, unless this is fully covered by public authorities. (3) Institutions liabilities shall not depend on whether or not obligations to contribute to financing have been fulfilled. See: Insolvency of the employer; Insolvency (state of); Protection of workers claims (employer's insolvency). Harassment: See: Sexual harassment: Health and Safety At Work: European Action Programmes Implemented in The Field of Health and Safety At Work Since 1978 Have Pursued The Following Specific Objectives: (1) Improvement in Working Conditions From The Point of View of Greater Safety With Due Regard To Health Imperatives in The Organization of Work; (2) Better Knowledge of The Causes of Occupational Accidents and Diseases With A View To Identifying and Assessing The Risks, and Implementation of More Effective Control and Prevention Methods; (3) Improvement in Human Behaviour With A View To Developing and Fostering Health and Safety Awareness. More Recent Community Legislation Relating To Health and Safety At Work Falls Into Three Groups: Measures Taken in Pursuance of The Framework Directive 89/391/Eec, Which Contains Basic Provisions for Health and Safety Organization At The Workplace; It Outlines The Responsibilities of Employers and Workers, and is Supplemented By Individual Directives For Specific Groups of Workers, Workplaces or Substances (See: Health and Safety At Work: Responsibilities of Employers and Workers); Measures Taken in Pursuance of The Framework Directive 80/1107 Eec, Which is Designed To Protect The Health and Safety of Workers Against The Risks Arising From Exposure To Chemical, Physical and Biological Agents At The Workplace, Supplemented By Individual Directives Dealing With Specific Agents; Measures Stemming From Directives That Contain Exhaustive Provisions Unconnected To The Framework Directives, In Respect of Occupational Activities or Specific Groups At Risk. Major Achievements Include: Setting Up of The European Agency for Health and Safety At Work in Bilbao. Its Task is To Supply Information on Working Conditions and Health and Safety At Work. In This Context, It Will Collaborate Closely With The Dublin-Based European Foundation For The Improvement of Living and Working Conditions. The Bilbao Agency is A Source of Scientific, Technical and Economic Information For All Concerned (See: European Agency for Health and Safety At Work; European Foundation For The Improvement of Living and Working Conditions). Transposal and Updating of Existing Legislative Measures. Community Legislation Isbecoming A Reality for The General Public. In Cases Where The Commission Finds That European Union (Eu) Member States Have in Some Way or Other Failed To Incorporate European Legislation Into National Law, It is Obliged To Bring Infringement Proceedings Against Them. The Commission Has Also Rationalized and Consolidated The Existing Directives By Updating Them Where Necessary To Take Account of New Risks or To Allow for Technical and Scientific Progress. Safe Programme (See: Safety, Hygiene and Health At Work  Safe Programme). Making Legislation More Effective. A Comprehensive Up-To-Date Body of Community Legislation Exists in The Area of Occupational Health and Safety. The Commission is At Present Examining Whether National Legislation Conforms To The Eu Standards. Correct Transposal Needs To Be Matched By Proper Implementation and Practical Application. The Commission, Based on The Reports Which The Member States Are Required To Submit, and Its Own Evaluation, Will Assess The Implementation of National Legislation, The Degree of Compliance At Workplace Level and The Efforts Made in The Interest of Implementation. Enlargement. The Commission's Strategy for Enlargement is Set Out in Its Agenda 2000. One of The Key Strategic Principles is That The Applicant Countries Take on The Rights and Obligations of Membership Deriving From The Community Acquis and Are Expected To Apply, Implement and Enforce The Acquis Upon Accession. The Commission Has Identified Health and Safety At Work As One of The Key Elements of The Acquis in The Social Area. Strengthening The Link With Employability. A Good and Safe Working Environment is Important for The Individual in Order To Maintain Health and Working Capacity. At The Same Time, Such An Environment is A Significant Competitive Factor for Businesses. The Quality of Work and Its Organization Increasingly Influences The Availability of Skilled Labour, The Motivation of Staff and The Development of Human Resources in General. Sustainable Employment Growth and Enhanced Employability Are Two of The Main Elements of The European Employment Strategy Agreed At The Luxembourg and Amsterdam Summits. Measures To Improve Health and Safety At Work Make An Important Contribution To The Employability of The Workforce. Safeguarding Good Working Conditions in A Time of Change. The Labour Market is Changing. One Important Trend is The Emergence of A Service Economy, Which Raises New Challenges for Occupational Health and Safety. Another Aspect To Take Into Consideration is The Steady Increase of Women in Employment, Entailing Specific Health and Safety Requirements. A Third Trend is The Ageing of The Workforce, Which Underlines The Need for Workers To Stay Longer in The Labour Market, and May Also Have Specific Health and Safety Implications. A Fourth Factor Affecting Health and Safety Conditions is The Development of New Forms of Work Organization. The Widespread Implementation of New Technologies and New Forms of Work Organization Might Reduce Old Risks But May Also Lead To New Problems. See: European Employment Strategy; Occupational Health Services (Ilo); Occupational Safety and Health (Ilo)

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