sou 1999 1 - Regeringen

36 Summary SOU 1999:1
in bankruptcies is normally SEK 200 million per year. The State’s revenues
in 1997 amounted to SEK 945 billion. Thus, a normal dividend amounts to
0.02% of tax revenues.
Accordingly, the Committee proposes that the right of priority for tax
claims and public fees be abolished. As already emphasised, the State will
be fully compensated as a consequence of the Committee’s other proposals
(primarily, a halving of the basis for business mortgage) whereby the State
will obtain an increased dividend (approximately 30%) where the State,
after payment of wage guarantees, presents proof of the employees’ wage
claims with a partial right of priority and whereby the dividend to creditors
without right of priority (including tax claims) will increase to approximately
10%.
Right of priority for wages and wage guarantee
The Committee has been obliged, if possible, to improve wage protection in
conjunction with bankruptcies and, at the same time, to save SEK 300 million
per year in wage guarantees. This corresponds to approximately 50%
of what was paid annually during the 1980s. In 1992, the maximum amount
of SEK 5 billion was reached, after which payments have fallen to just over
SEK 1 billion per year. At the same time, revenues amount to approximately
SEK 1.5 billion per year in payroll fees and dividends in bankruptcies,
most of which (SEK 1.2 - 1.5 billion) relate to payroll fees.
In addition, the Committee has been bound by an EC directive
(80/987/EEC) which obliges Sweden to provide a wage guarantee for three
months wages in the event of insolvency proceedings.
The Committee has regarded it as important that the employees who are
normally socially dependent on earned wages and who, in a weak labour
market, cannot snub certain employers and, naturally, cannot save their
workpower for later delivery, should enjoy wage protection in the event of
the insolvency of the employer. However, the Committee has chosen to limit
the wage protection for earned wages such that the employees’ claims contribute
to the early initiation of insolvency treatment, before all liquid funds
have been consumed, and in such a manner that abuse of the wage guarantee
is counteracted. In addition, it has been regarded as important that the
continuation of business during a suspension of payments or bankruptcy
takes place subject to the same terms and conditions as apply to the debtor
competitors, so that solvent enterprises are not driven out of business by
insolvent ones. Finally, the Committee has chosen to counteract the preference
by insolvent businesses for bankruptcy instead of business reorganisation,
in order thereby to more easily obtain financing for continued opera-