Social Work Staff Jaboneros, s / s reorganization / incident Credit Verification Aguilar de Aragona, Gladis Wage claims
general privileged. Unregistered employment. Compensation of the Arts. 8 and 15 Law 24013. INTEREST. Interest on capital verified. CAUSE
58222/03 - "Social Work Staff Jaboneros, s / reorganization proceedings, s / Incident Credit Verification Aguilar de Aragona, Gladys" - CNCOM - ROOM D - 06/11/2003
" The loans originated in the legal provisions of Article 8 and 15 Law 24013 fall within the claims that enjoy the general right, since it is obviously of receivables arising from the employment relationship, regardless of fees or dues, or sanction that could be assigned to them. " "The interest accrued on the principal owed to the tensioner is calculated until the date of the filing of the bankruptcy of the debtor. "Full Text Buenos Aires, November 6, 2003 1. Appeals. / / - a)) the incidence appeal in fs. 72 against fs resolution. 65 / 9, verified credit in support relied on the provisions of Articles 8 and 15 of Law 24,013 on an unsecured (fs memorial. 74 / 7) .- b) The bankrupt, in turn, appealed in fs. 91 against the resolution, as provided that the interest earned on the capital tested for the incidence to be calculated until the cash payment (fs expression of grievances. 95 / 7, responded by the syndicate in fs. 107) .- 2. The appeal of the incident .- a) Article 8 of Law 24,013, in its first paragraph, provides that "the employer who will register an employment relationship the employee concerned shall pay compensation equivalent to one quarter of earnings accrued from the beginning bonding, computed values \u200b\u200badjusted according to the regulations "- for its part, Article 15, first paragraph, states that" if the employer sendeth the worker without cause within two years had been completed in justified the injunction as provided for in Article 11, the dismissed employee shall be entitled to double compensation that he would have received as a result of the dismissal ".- b) The privilege conferred 246:1 LC to the following general business credits, salaries, family allowances work accident compensation, seniority or pay and in lieu of notice, vacation and salary annual bonus, the amount per fund unemployment, and any other derivative of the employment relationship .- The loans originated in the legal provisions to sub transcribed) are included within these privilege claims that enjoy general .- For it is obviously of receivables arising from the employment relationship, regardless of fees or dues, or sanction that could be assigned to them. Note that these loans originated in breach of the insolvent employer-incident-on working relationship with her, so beyond the possible liability of the employer in pension strictly .- 3. The action by the insolvent .- Contrary to the court in the contested decision, the accrual of interest on the capital verification should be limited to the date of filing of bankruptcy, according to the provisions of the LC 19 .- Because: ( i) The decision issued in re Seidman plenary and Bonder, on 11/02/1989, pointed out that 11 ... the majority of the Court considered in plenary Pérez Lozano ... on 28/10/1981 ... the update appropriate monetary labor-related credit came to the extinction of the capital that originated, because it is odd such credits to the concordat and effects "(LL 1990-A, 8) .- This decisive added that" to arrive at this conclusion was weighted mainly , the provisions in Art. 11, INC8 ° bankruptcy law, the protection that the law gives this kind of credit they deserve similar treatment to be for food for the subsistence of the worker and the lack of a process aimed at such creditors to participate in the conclusion of the concordat. "He added," These fundamentals are still valid, and therefore are applicable to the sub lite, since the interest component of the labor claims extraconcursal partake of the character of its principals, and consequently, no () are subject to constraints from the respective system, as established in Article 20, 1st. Para. 19,551 law (LL 1990-A, 8) .- For his part, the majority of the members of the Hon. judged Commercial Chamber in plenary statement issued in re Pérez Lozano ,"... that failure to (1) ... (Article 11:8 of the Law 19 551) could not improve the situation of the debtor, allowing you to pay money "outdated" which failed at the time of presentation (the competition): no one should draw most of their reluctance and still less of his intent (note the Art 3136, Cod. Civil). "He added that if the labor credit" ... should have been paid at the time of filing in bankruptcy, or before that date ...., the debtor can not stop paying the equivalent of equity, through the "restructuring" of credit to the late date of payment "( LL 1981-D, 436) .- (ii) Running of the foregoing, the main basis of the plenary decision relapse in re Bonder Seidman and relied on what the law establishing 19.551:11,8 ° .- As 24,522 law removed that provision of the Law 19,551, the said plenary doctrine now lacks legal basis to govern the case under consideration (Arts. 19 and 129 of the Law 24,522, which literally preserved Arts. 20 and 133 of the 19,551 law, this Court, 11.14.1997, Empesur) .- 4. The solution therefore (a) amending the resolution appealed to the effect of establishing that the verified credits in favor of support incidents with the provisions of Articles 8 and 15 of Law 24,013, enjoy privilege general, and (b) amending that statement to the effect of establishing that the interest earned on the capital due to the pretensioner be calculated until the date of the filing of the bankruptcy of the debtor .- The costs are distributed in the order established in care the progress of both appeals (Arg Cpr 70) .- Signed by the undersigned Investigation Board found vacant 10. / / - Signed.: Quartet - Rotman
