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Vol 22 No 8 August/Sept 2017

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STEP: A Practical Guide to the Transfer of Trusteeships

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Employee Rights in Bankruptcy

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ISBN13: 9789041119421
ISBN: 9041119426
Published: October 2002
Publisher: Kluwer Law International
Format: Paperback
Price: £64.00



Despatched in 9 to 11 days.

In recent years, a number of company bankruptcies in Europe - particularly in the Netherlands - have exposed serious gaps in the securing, by law, of reparations due to employees. As matters stand, employees - who were dependent upon the bankruptcy not only for their income but also for their employment and social security - have little to expect in terms of payment of arrears of pay, protection against dismissal, continued employment in the event of a business transfer, or participation rights. This work opens this far-reaching and hugely important issue by comparing employee rights in bankruptcy among four major European trading partners - the Netherlands, the United Kingdom, Belgium and Germany. It is to be hoped that, armed with the substantive and procedural details that are fully laid out in these pages, company lawyers and bankruptcy lawyers throughout Europe will be enabled to bring the rights of employees in bankruptcy into a light at least as clear as that focused on other creditors.;The contributors examine not only the individual fairness issue - the unequal position of the employee as weaker party in the labour market - but also the central policy issue: does an improvement of the position of employees in a bankruptcy give rise to less willingness on the part of lenders to keep the flow of money open, or greater control by lenders over the way in which borrowers run their businesses with, as a result, slower economic growth and hence a lower level of employment?;The study was commissioned by the Stichting Ondersteuningsfonds Oud-Werknemers DAF (Benevolent Fund Foundation for Former DAF Employees) in Eindhoven and carried out by researchers of the Faculty of Law of the Katholieke Universiteit Brabant in Tilburg. Its provisional findings, presented at the conference on ""Employee Rights in Bankruptcy"" held in Tilburg on 8 December 1999, were considered and discussed from a variety of viewpoints by representatives of such relevant parties as trade unions and employers' organizations, receivers in bankruptcy, banks, public authorities, politicians and legal experts. The end result is this report, which should contribute to a better understanding of the difficult issue of employee rights in bankruptcy and to stimulate discussion of remedies that are indispensable to the maintenance of a responsible society.

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Contents:
Foreword. List of Abbreviations Used.
1. Introduction.
2. The Pay Claim in Bankruptcy.
3. Acceptance of Liability for Pay Claims by Guarantee Institutions.
4. Protection Against Dismissal in Bankruptcy.
5. Business Transfers in the Context of Bankruptcy.
6. Participation Rights in Bankruptcy.
7. Conclusions.

Series: Bulletin of Comparative Labour Relations

China and ILO Fundamental Principles and Rights At Work
Edited by: Roger Blanpain
ISBN 9789041149848
Published January 2014
Kluwer Law International
£84.00
£84.00
Labour Law between Change and Tradition: Liber Amicorum Antoine Jacobs ISBN 9789041134240
Published May 2011
Kluwer Law International
£84.00
Rethinking Corporate Governance: from Shareholder Value to Stakeholder Value ISBN 9789041134509
Published March 2011
Kluwer Law International
£100.00
Regulation of Fixed-Term Employment Contracts: A Comparative Overview ISBN 9789041133564
Published October 2010
Kluwer Law International
£84.00
Seafarers Rights in the Globalized Maritime Industry ISBN 9789041133496
Published September 2010
Kluwer Law International
£84.00
European Works Councils: Euro Directive 2009/38/EC of 6 May 2009 ISBN 9789041132086
Published November 2009
Kluwer Law International
£98.00
Employment Policies and Multilevel Governance
Edited by: Roger Blanpain
ISBN 9789041128669
Published April 2009
Kluwer Law International
£93.00
New Developments in Employment Discrimination Law ISBN 9789041127822
Published October 2008
Kluwer Law International
£99.00
Freedom of Services in the European Union: Labour and Social Security Law: The Bolkestein Initiative
Edited by: Roger Blanpain
ISBN 9789041124531
Published March 2006
Kluwer Law International
£106.00
Women in Academia and Equality law: Aiming High - Falling Short
Edited by: Roger Blanpain
ISBN 9789041124272
Published March 2006
Kluwer Law International
£94.00
Labour Relations in the Asia-Pacific Countries
ISBN 9789041122391
Published September 2003
Kluwer Law International
£89.00
The Impact of the Internet and New Technologies on the Workplace ISBN 9789041118240
Published July 2002
Kluwer Law International
£91.00
Involvement of Employees in the European Union
ISBN 9789041117601
Published March 2002
Kluwer Law International
£128.00
On-line Rights for Employees in the Information Society ISBN 9789041116260
Published February 2002
Kluwer Law International
£128.00
The Evolving Employment Relationship and the New Economy
ISBN 9789041116918
Published November 2001
Kluwer Law International
£128.00
The Council of Europe and the Social Challenges of the XXIst Century
ISBN 9789041115430
Published March 2001
Kluwer Law International
£133.00
Deregulation and Labour Law
ISBN 9789041113702
Published June 2000
Kluwer Law International
£72.00
Multinational Enterprises and the Social Challenges of the XXIst Century
ISBN 9789041112804
Published December 1999
Kluwer Law International
£131.00
The Process of Industrialization and the Role of Labor Law in Asian Countries
ISBN 9789041110473
Published April 1999
Kluwer Law International
£67.00
Employment Protection Under Strain ISBN 9789041105288
Published March 1998
Kluwer Law International
£88.00
Labour Law and Industrial Relations in the European Union ISBN 9789041105271
Published March 1998
Kluwer Law International
£126.00
The Harmonization of Working Life and Family Life
ISBN 9789041100641
Published June 1997
Kluwer Law International
£85.00
Labour Law and Industrial Relations in Central and Eastern Europe
ISBN 9789041102980
Published January 1997
Kluwer Law International
£107.00
Industrial Relations in Small and Medium-Sized Enterprises
ISBN 9789065446961
Published July 1995
Kluwer Law International
£93.00
Workers' Participation
ISBN 9789065446008
Published July 1994
Kluwer Law International
£111.00
Employee Rights and Industrial Justice
ISBN 9789065448040
Published June 1994
Kluwer Law International
£98.00