The Protection of Employee Entitlements in Insolvency

The Protection of Employee Entitlements in Insolvency PDF

Author: Helen Anderson

Publisher: Melbourne Univ. Publishing

Published: 2014-02-03

Total Pages: 477

ISBN-13: 0522865992

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The Protection of Employee Entitlements in Insolvency: An Australian Perspective is the first detailed analysis of the law and policy dealing with employee entitlements such as wages, leave and redundancy payments that are threatened when companies fail. Although Australia has a government-funded safety-net scheme, currently known as the Fair Entitlements Guarantee, it doesn't cover all lost entitlements for all workers. Some argue that the scheme removes any incentive for companies to make adequate provision for their employees' entitlements, increasing the burden on the taxpayer. As well as investigating ways to safeguard the entitlements of employees that are presently lost through the improper behaviour of directors, The Protection of Employee Entitlements in Insolvency covers the history of Australia's present system and comprehensively sets out the avenues available to assist employees to recover their entitlements. It also canvases what might be done in the future to improve the protection of employee entitlements in Australia when companies become insolvent.

Employee Rights in Corporate Insolvency

Employee Rights in Corporate Insolvency PDF

Author: Hamiisi Junior Nsubuga

Publisher: Routledge

Published: 2019-10-08

Total Pages: 213

ISBN-13: 1000731111

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This book analyses corporate rescue laws, processes and policies prescribed in corporate insolvency or bankruptcy laws, and employment laws of the UK and the US, with a particular focus on how extant employee rights are treated when a debtor employer initiates corporate insolvency proceedings. The commencement of formal insolvency proceedings by an employer affects employees’ rights and interests. Employment laws seek to protect employees’ rights and interests, while insolvency laws seek to promote corporate rescue, which may entail workforce changes. Consequently, this creates a tension between whose interest insolvency law should give primacy of protection. The book analyses how corporate rescue processes such as administration, pre-pack business sales, company voluntary arrangements, receivership and liquidation impact employee rights and protection during corporate rescue proceedings in both jurisdictions. It goes on to address how the federal system of government in the US and the diffusion of power between federal and state law jurisdictions impact a uniform code of employee protection during Chapter 11 bankruptcy reorganisation proceedings. The book considers how an interpretative approach to law (Dworkin’s Interpretative Theory of Law) may be used to balance both employee protection and corporate rescue laws during corporate insolvency in the UK and the US. Of interest to academics, students and employment law practitioners, this book examines the tension between corporate rescue laws and employment protection laws during corporate insolvency in the US and the UK and how this tension may be remedied or balanced.

Orderly and Effective Insolvency Procedures

Orderly and Effective Insolvency Procedures PDF

Author: International Monetary Fund

Publisher: International Monetary Fund

Published: 1999-08-02

Total Pages: 108

ISBN-13: 9781557758200

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Written by IMF's Legal Department, this book outlines the key issues involved in designing and implementing orderly and effective insolvency procedures, which play a critical role in fostering growth and competitiveness and may also assist in the prevention and resolution of financial crises. The book draws on lessons learned from firsthand experience by some of the IMF's 182 member countries. It includes an analysis of the major policy choices that countries need to address when designing an insolvency system, a discussion of the advantages and disadvantages of these choices, and a number of specific recommendations.

Creditor Rights and the Public Interest

Creditor Rights and the Public Interest PDF

Author: Janis Pearl Sarra

Publisher:

Published: 2003

Total Pages: 352

ISBN-13: 9780802087546

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Creditor Rights and the Public Interest supports the greater representation of non-traditional creditors in the process of insolvency restructuring in Canada, concentrating particularly on restructuring under the federal Companies' Creditors' Arrangement Act (CCAA). Arguing in favour of the representation of such non-traditional creditors as workers, consumers, trade suppliers, and local governments, Janis Sarra describes the existing process of addressing their interests, analyzes four case studies that focus on non-creditor groups, and compares the Canadian approach to that of several other countries, such as Germany, France, and the United States. Sarra draws on a comprehensive body of academic literature that covers a broad range of issues--insolvency theory, corporate governance theory, legislative history, and bankruptcy and insolvency practice. She further surveys the relevant legislation and supplements her analysis with insights drawn from extensive primary research of court records and personal interviews with lawyers, judges, and government officials. Creditor Rights and the Public Interest ultimately illustrates the way in which the concept of the public interest can be utilized to foreground the concerns of non-traditional stakeholders. Sarra provides a coherent account of the justification for recognizing these creditors by situating insolvency law in a legal regime that realizes a duty to maximize all of the interests and investments at stake in the corporation. In an academic field where scholarship is currently scarce, Sarra's text will be a welcome contribution.

Balancing the Protection of Business and Employment in Insolvency

Balancing the Protection of Business and Employment in Insolvency PDF

Author: Jennifer L. L. Gant

Publisher:

Published: 2017

Total Pages: 0

ISBN-13: 9789462367555

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Following the economic shocks of 2007/08 a spotlight has been thrown on how best to support effective business rescue and employment protection. However, business rescue and employment protection often tend to conflict in law and policy. Employees attached to the sale of a business often represent a liability by reducing the business's intrinsic value and deterring business acquisitions in view employment liabilities that transfer by operation of the Acquired Rights Directive. As such, a balance must be sought between the conflicting policy objectives of business rescue and employment protection. This book presents an investigation based on a comparative legal historical analysis of the approaches taken to balancing employment protection and business rescue in the United Kingdom and France, chosen due to their legal and political influence in the EU and their archetypically different legal systems. This approach is useful as a background to future reform efforts as it explains how particular jurisdictions might receive and then implement such reforms given the underlying aims of business rescue and employment protection policies. (Series: European and International Insolvency Law Studies, Vol. 4) [Subject: Commercial Law, Labor Law]

Asian Insolvency Systems: Closing the Implementation Gap

Asian Insolvency Systems: Closing the Implementation Gap PDF

Author: OECD

Publisher: OECD Publishing

Published: 2007-11-26

Total Pages: 284

ISBN-13: 9264038337

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A conference proceedings that provides a regional and country perspective on Asian insolvency reform, including individual Asian country reports, and reports on broader international trends and developements.

Corporate Insolvency

Corporate Insolvency PDF

Author: David Pollard

Publisher:

Published: 2021

Total Pages: 992

ISBN-13: 9781526515650

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"Bridges the gap between the three distinct disciplines of pensions, employment and corporate insolvency law. Through a mix of legislation, case law, analysis and comment, this well-regarded text gives you all the information you need to answer your clients' questions. It outlines the legal principles applicable where the three regimes interact, with a particular focus on the application of the rules relating to corporate insolvency and how they impact on employees and their pension rights. For example: - How is the position of employees affected by the appointment of an insolvency practitioner over their employing company? - Who is liable, and what priority is given to past or future claims? Updates for the 7th edition include: - Full treatment of CVAs and pensions - Implications of the Court of Appeal decision in Granada/Box Clever about ?association? and about Pensions Regulator powers - Implications of proposed pensions legislation, including new criminal offences - New Crown preferential debts Corporate Insolvency: Employment and Pension Rights is cited in many works focusing on the employment and insolvency fields. If you work as an employment, pensions or corporate insolvency practitioner, you'll find its up-to-date case law and practical analysis an essential aid to your work."--

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