Features legal status of employees in the bankruptcy

Introduction. Article is devoted to comprehensive systems research the legal status of employees against whom bankruptcy proceedings. Purpose. the authors analyzes Russian bankruptcy legislation and labor legislation in the part which concern the rights of workers bankruptcy process. Methods. Used analysis method, system research method, comparative legal, technical and legal methods. Results: The authors draws attention to the fact that the employee under current Russian law no right to initiate bankruptcy proceedings. At the same time it is noted that this problem is solved in the draft federal law, which amends, inter alia, to the legislation dedicated insolvency (bankruptcy). The article analyzes the rights of workers in various stages of bankruptcy process since initiation of the bankruptcy proceedings. You learned how to incorporate the requirements of employees of the debtor in the register, subject to claim 32 Resolution of the Plenum of the Supreme Arbitration Court of the Russian Federation dated 22.06.2012 №35. Focus on issues of application of ILO Convention number 173 on the protection of workers' claims in the event of Insolvency, which Russia ratified in 2012. Analyzed some models that protect workers' rights in bankruptcy of the employer: the priority rights of the employee; the priority rights of the debtor in the absence of insurance; the priority rights of the debtor in the presence of insurance funds; the lack of prioritization in the presence of insurance funds.Conclusions: Assesses the current state of Russian legislation in this area and makes suggestions to improve existing legislation.