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Employee Rights in Corporate Insolvency - A UK and US Perspective (Hardcover)
Loot Price: R3,898
Discovery Miles 38 980
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Employee Rights in Corporate Insolvency - A UK and US Perspective (Hardcover)
Series: Routledge Research in Corporate Law
Expected to ship within 9 - 15 working days
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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.
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