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Employee Rights In Corporate Insolvency
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Book Synopsis Employee Rights in Corporate Insolvency by : Hamiisi Junior Nsubuga
Download or read book Employee Rights in Corporate Insolvency written by Hamiisi Junior Nsubuga and published by Routledge. This book was released on 2019-10-08 with total page 213 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis Employment and Pension Rights in Corporate Insolvency by : David Pollard
Download or read book Employment and Pension Rights in Corporate Insolvency written by David Pollard and published by Tolley. This book was released on 2000-12 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Corporate Insolvency by : David Pollard
Download or read book Corporate Insolvency written by David Pollard and published by Tottel Publishing. This book was released on 2009 with total page 715 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides an in-depth analysis of UK law relating to corporate insolvency where it interacts with the law governing employment and pension rights. It explains the detailed elements of this specialist field of law and practice, providing a useful base on which to answer questions that are likely to arise. The book offers an overview of the law of employment, pensions, and corporate insolvency. It also focuses on the application of rules relating to corporate insolvency and how they affect employees and their pension rights, drawing together UK legislation, case law, analysis, and comment. The fourth edition is updated to include coverage of: cases on administration expenses * new powers of the UK's Pensions Regulator * a new review of connected or associated test * the liability of insolvency practitioners for discrimination * cases on protective awards * changes to employer debt provisions on pensions * cases on directors or majority shareholders as employees.
Author :United States. Congress. House. Committee on the Judiciary. Subcommittee on Commercial and Administrative Law Publisher : ISBN 13 : Total Pages :68 pages Book Rating :4.0/5 ( download)
Book Synopsis American Workers in Crisis by : United States. Congress. House. Committee on the Judiciary. Subcommittee on Commercial and Administrative Law
Download or read book American Workers in Crisis written by United States. Congress. House. Committee on the Judiciary. Subcommittee on Commercial and Administrative Law and published by . This book was released on 2008 with total page 68 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Balancing the Protection of Business and Employment in Insolvency by : Jennifer L. L. Gant
Download or read book Balancing the Protection of Business and Employment in Insolvency written by Jennifer L. L. Gant and published by . This book was released on 2017 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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]
Book Synopsis Corporate Insolvency Law by : Vanessa Finch
Download or read book Corporate Insolvency Law written by Vanessa Finch and published by Cambridge University Press. This book was released on 2002-09-12 with total page 662 pages. Available in PDF, EPUB and Kindle. Book excerpt: Vanessa Finch provides an interesting look at corporate insolvency laws and processes. She adopts an interdisciplinary approach to place two questions at the centre of her discussion. Are current UK laws and procedures efficient, expert, accountable and fair? Are fundamentally different conceptions of insolvency law needed for it to develop in a way that serves corporate and broader social ends? Topics considered in this wide-ranging book include different ways of financing companies, causes of corporate failure and prospects for designing rescue-friendly processes. Also examined are alternative asset distribution of failed companies, allocations of insolvency risks and effects of insolvency on a company's directors and employees. Finch argues that changes of approach are needed if insolvency law is to develop with coherence and purpose. This book will appeal to academics and students at advanced undergraduate and graduate level, and to legal practitioners throughout the common law world.
Book Synopsis The Protection of Employee Entitlements in Insolvency by : Helen Anderson
Download or read book The Protection of Employee Entitlements in Insolvency written by Helen Anderson and published by Melbourne Univ. Publishing. This book was released on 2014-02-03 with total page 477 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis Corporate Insolvency: Employment and Pension Rights by : David Pollard
Download or read book Corporate Insolvency: Employment and Pension Rights written by David Pollard and published by Bloomsbury Publishing. This book was released on 2022-10-24 with total page 1214 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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. This title is included in Bloomsbury Professional's Insolvency Law online service.
Book Synopsis Creditor Rights and the Public Interest by : Janis Pearl Sarra
Download or read book Creditor Rights and the Public Interest written by Janis Pearl Sarra and published by . This book was released on 2003 with total page 352 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis Principles of Corporate Insolvency Law by : Royston Miles Goode
Download or read book Principles of Corporate Insolvency Law written by Royston Miles Goode and published by Sweet & Maxwell. This book was released on 2011 with total page 1189 pages. Available in PDF, EPUB and Kindle. Book excerpt: Principles of Insolvency Law is widely regarded as 'the' text on Insolvency law. Professor Sir Roy Goode's reputation as the "doyen of commercial law" has established a unique position for the Work as a leading authority in the field. The book provides a clear and concise treatment of the general philosophical principles underpinning Insolvency law. It works as an introduction to this complex area and as such it has a broad market, ranging from students and newly qualified practitioners to barristers in Court.
Book Synopsis Statutory Priorities in Corporate Insolvency Law by : Christopher F. Symes
Download or read book Statutory Priorities in Corporate Insolvency Law written by Christopher F. Symes and published by Ashgate Publishing, Ltd.. This book was released on 2008 with total page 316 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines preferential debts derived from specific legislative provisions applying to corporate insolvency. In exploring the concept of preferential treatment, the book includes chapters that provide a doctrinal, theoretical and historical analysis of who enjoys preferred creditor status.
Book Synopsis Statutory Priorities in Corporate Insolvency Law by : Christopher F. Symes
Download or read book Statutory Priorities in Corporate Insolvency Law written by Christopher F. Symes and published by Routledge. This book was released on 2016-12-05 with total page 290 pages. Available in PDF, EPUB and Kindle. Book excerpt: Who enjoys statutory preferred creditor status? What justifications exist for jurisdictions to maintain statutes that favour 'priority' creditors over other creditors and contributories? This book examines preferential debts derived from specific legislative provisions applying to corporate insolvency. In exploring the concept of preferential treatment, Statutory Priorities in Corporate Insolvency Law includes chapters that provide a doctrinal, theoretical and historical analysis of who enjoys preferred creditor status. As well as examining the traditional major categories of priorities, this work also identifies potential new categories for priority status such as environmental clean-up costs, international creditors, tort claimants and consumers among other non-consensual creditors. While the study focuses on Australian corporate insolvency law, where appropriate, comparisons are made with other common law jurisdictions, particularly the UK, Canada, New Zealand and the US.
Book Synopsis Tolley's Employment and Pension Rights in Corporate Insolvency by : David Pollard
Download or read book Tolley's Employment and Pension Rights in Corporate Insolvency written by David Pollard and published by Hyperion Books. This book was released on 1994 with total page 331 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Corporate Insolvency by : David Milman
Download or read book Corporate Insolvency written by David Milman and published by . This book was released on 1987 with total page 238 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Employee Rights in Bankruptcy:A Comparative-Law Assessment by : Roger Blanpain
Download or read book Employee Rights in Bankruptcy:A Comparative-Law Assessment written by Roger Blanpain and published by Springer. This book was released on 2002-11 with total page 86 pages. Available in PDF, EPUB and Kindle. Book excerpt: A comparison of employee rights in bankruptcy in the Netherlands, the United Kingdom, Belgium, and Germany.
Book Synopsis Corporate Insolvency Law and Bankruptcy Reforms in the Global Economy by : Kashyap, Amit
Download or read book Corporate Insolvency Law and Bankruptcy Reforms in the Global Economy written by Kashyap, Amit and published by IGI Global. This book was released on 2018-09-28 with total page 261 pages. Available in PDF, EPUB and Kindle. Book excerpt: With the increasing interdependence of global economies, international relations are becoming a more complex system. Through this, the growth of any economy is dependent upon the ease of business transactions; however, in recent times, there has been a growing impact of corporate insolvency law. Corporate Insolvency Law and Bankruptcy Reforms in the Global Economy is an essential reference source that discusses the importance of insolvency laws in the financial architecture of emerging economies, as well as its fundamental issues. Featuring research on topics such as business restructuring, debt recovery, and governance regulations, this book is ideally designed for law students, policymakers, economists, lawyers, and business researchers seeking coverage on the jurisprudence and policy of corporate insolvency law in a globalized context.
Book Synopsis The Executive Guide to Corporate Bankruptcy by : Thomas J. Salerno
Download or read book The Executive Guide to Corporate Bankruptcy written by Thomas J. Salerno and published by Beard Books. This book was released on 2001 with total page 737 pages. Available in PDF, EPUB and Kindle. Book excerpt: The authors of this text are specialists in the area of reorganization and restructuring for the international law firm of Squire, Sanders & Dempsey, L.L.P., and have represented clients in the U.S. and abroad. Their guide explains the basics of the reorganization process from a business person's pe
