JŠK Legal Flash
Lex Covid II. What measures have been prolonged or renewed in the field of insolvency and execution?
The act known as Lex Covid II responding to the ongoing coronavirus crisis will come into effect in the coming days. Pursuant to Lex Covid II, both the period of suspension of the debtor’s duty to file an insolvency petition and the period during which it is possible to file for an extraordinary moratorium under the Insolvency Act have been extended until the end of June 2021. As regards the ongoing extraordinary moratorium, it will be possible to file a request to extend it for another three months even without the consent of creditors. The enforcement of court decisions and execution of movables and immovable property in which the debtor permanently resides will be postponed until the end of January 2021. In relation to the ordering of a receivable from an account, the period in which the debtor receives a higher payment from the seized account has been extended until the end of February 2021.
Termination of employment due to redundancy and securing the employee's activities through civil contracts
The Supreme Court recently held that the grounds for giving notice of termination due to redundancy can occur if, to save money, the employer decides to outsource the creative activities to external suppliers under civil contracts.
In the case in question, to reduce costs several opera soloists were given notice of redundancy, because the employer chose to instead employ external performers through civil contracts for each individual performance. According to the Supreme Court, this does not constitute dependent work, because the performer's activity, which requires creativity and improvisation, can also be carried out by a self-employed person.
(Judgment of the Supreme Court No. 21 Cdo 2128/2019 of 29 January 2020)
Latest news regarding the remuneration of corporate body members elected by the general meeting
In recent months, the Supreme Court followed up on its previous case law on the approval of remuneration to a member of a body elected by a company's general meeting when it confirmed (i) that the remuneration for complying with the non-compete obligation after leaving office is subject to general meeting approval (27 Cdo 4503/2018), and (ii) the right of the general meeting to award remuneration in excess of that agreed in the executive service agreement or without meeting the conditions set out therein (27 Cdo 372/2019).