International conference on restructuring of companies and their dilemmas and challenges in the EU, Austria, Macedonia and Serbia
At the conference that took place at the Faculty of Law – Iustinianus on November 6 in Skopje on the issue of restructuring of the companies on Topic: Among the flexibility and reliability under conditions of restructuring of the companies were Mr. Angel Dimitrov (President of the Organization of Employers of Macedonia – ORM) addressed about .
Restructuring is a broad term that essentially involves the reorganization of companies (employers) in order to avoid their insolvency, but it is also aimed at improving the competitiveness of the companies. In the first case, restructuring is associated with a reorganization in a bankruptcy procedure, while in the second case it is a reorganization carried out through status changes, transfer of the enterprise or its parts, collective dismissals, and the like.
Mr. Orde Gjorgjioski (representative of PI “Vitaminka” AD Prilep) member of ORM addressed the topic: Achieving a compromise between the need to restructure the trade company (employer) and the necessity for the protection of workers.
Mr. Ivica Medarski (representative of Insurance Insurance Macedonia, Vienna Insurance Group) member of ORM spoke about -Practical aspects and differences between status changes and the acquisition of trade companies
The problem of the restructuring of companies and their consequences in relation to workers are important issues that are subject to the regulation of EU law. They represent a special subject of European labor law, since they violate the law of company and labor law of the EU. The combination between the right of companies and labor law and the harmonization of the economic and social paradigm of the Union represent the only way to establish an appropriate balance between flexibility and security as the necessary prerequisites for achieving economic growth and protecting employees at the same time.
Regarding the right of EU companies, restructuring is subject to regulation of the Third, Sixth and Tenth EU-Law Directives that regulate the issues of mergers and divisions of companies at national and cross-border level. In addition to these Directives, restructuring within company law of the EU is also analyzed through the thirteenth EU-company Directive on the takeover bids.
The starting premise in the regulation of EU labor law restructuring is that “workers should not pay the price of restructuring of companies and the establishment of a common market.” To that end, EU law recognizes the need for workers to be protected from the negative social consequences that are associated with the restructuring of the companies. Today, the legal implications of the restructuring of companies with regard to the rights of workers can be summarized through three essential Directives (Directive 98/59 on collective dismissals, Directive 2001/23 on the protection of workers’ rights in the event of a transfer of a company and the Directive 2008/94 on the protection of workers’ rights in case of insolvency of the employer).