Créditos laborales concursales: el FOGASA ha de responder subsidiariamente de los salarios debidos aunque estos no estén en la lista de la masa pasiva

Abstract

The question that arises in this case amounts to determine whether the inclusion in the list of creditors, the claims of workers for wages earned before the bankruptcy declaration assumes in any case, without exception, the character establishing requirement for recognition of the benefits of the Wage Guarantee Fund established in the bankruptcy, or if instead the lack of registration of such credits does not constitute grounds for exclusion from the coverage of that institution. The legislator did not intend to condition the right to pay guarantee benefits to the inclusion of workers' claims in the list of creditors, to which no reference is made in any provision or other statutory provisions. If the legislature had intended to establish such a requirement, I would have done so expressly, as compared to the summons of the Wage Guarantee Fund in the insolvency proceedings, and such a requirement would not have left a kind of appreciation or speculative interpretation based on the right repetition of the Fund against the debtor.