Strike does not interfere in possible Interjet bankruptcy: lawyers

The strike of workers of Interjet it does not interfere in a possible commercial bankruptcy of the airline, since in this case, the employees become creditors and the debit of their salary is recognized as to any other debtor.

According to the dispatch Cimet and AlmazánInterjet is possibly looking for some way out of its problems: first, by solving the strike; second, examining some agreement with the SAT, and third, looking for some capital injection, before declaring in commercial bankruptcy or bankrupt.

“They must have one or more negotiations. It is no longer operating, there are no longer flights and its possibility of having liquidity due to the operation of the business is limited or restricted 100% and this complicates things.

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“The logic would be that they go to bankruptcy and it may be that these extrajudicial negotiations exist and they are trying to exhaust them,” said the lawyer Yisroel Cimet, from the Cimet & Almazán office.

But, in the most pessimistic scenario, if Interjet does not get a capital injection and there is no conciliatory agreement with the workers and their creditors, it would be declared in bankruptcy without going through the commercial bankruptcy.

Interjet workers are waiting for the Federal Board of Conciliation and Arbitration repeat the vote to declare the strike legally existing.

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If this occurs, the Federal Board will oblige the airline to pay the wages and benefits owed.

But there is also the possibility that the company “does not submit to the report (sentence) and does not comply with the sentence of payment of the wages and benefits that fell during the strike ”, indicated the Section 15 of the CTM.

In this case, the authority decrees the termination of the workers’ relationship and forces the airline to liquidate them in accordance with the Federal Labor Law.

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Rogelio Rodriguez, a lawyer in constitutional and aeronautical law, said that if the airline is still viable and the board intends to restructure it With a sanitation and rescue plan, the recommended thing is the commercial bankruptcy.

For this, you would have to present a restructuring plan along with a capital injection as you are doing. Aeromexico.

“There should be investors to give it a business viability, and not to pay the SAT or the workers, but to put the company into operation and generate resources, “he explained.

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However, as Interjet has shown no interest in the strike of the workers, nor the authority, and the company has not shown serious signs of seeking a restructuring “it seems that the way is to go to deterioration and the declaration of bankruptcy with the dissolution of the company without going through the commercial bankruptcy”Rodríguez said.

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