It has been published the Directive  2008/94/EC of 22 October 2008 on the protection of employees in the event of the insolvency of their employer at the Official Journal of the European Union on the 28th October 2008.

The Directive will apply to employees’ claims arising from contracts of employment or employment relationships and existing against employers who are in a state of insolvency. The directive makes provisions concerning three scopes:

• Guarantee institutions.
• Transnational situations.
• Social security.

An employer shall be deemed to be in a state of insolvency where a request has been made for the opening of collective proceedings based on insolvency of the employer, as provided for under the laws, regulations and administrative provisions of a Member State, and involving the partial or total divestment of the employer’s assets and the appointment of a liquidator or a person performing a similar task, and the authority which is competent pursuant to the said provisions has:

1. Either decided to open the proceedings.
2. Established that the employer’s undertaking or business has been definitively closed down and that the available assets are insufficient to warrant the opening of the proceedings.

Directive will enter into force on the 20th day following its publication in the Official Journal of the European Union in all Member States of the European Union.