The Protection of Employee Entitlements in Insolvency

The Protection of Employee Entitlements in Insolvency
Author: Helen Anderson
Publisher: Melbourne Univ. Publishing
Total Pages: 298
Release: 2014-02-03
Genre: Law
ISBN: 0522865992

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.

Statutory Priorities in Corporate Insolvency Law

Statutory Priorities in Corporate Insolvency Law
Author: Christopher F. Symes
Publisher: Routledge
Total Pages: 290
Release: 2016-12-05
Genre: Law
ISBN: 1351897977

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.

The Protection of Workers' Claims in the Event of the Employer's Insolvency

The Protection of Workers' Claims in the Event of the Employer's Insolvency
Author: International Labour Office
Publisher: International Labour Organization
Total Pages: 164
Release: 1991
Genre: Business & Economics
ISBN: 9789221064770

Examines the development of different systems designed to protect wages and other benefits if the employer becomes insolvent. The book includes a comparative study and four country studies (Austria, Belgium, Spain and the UK) illustrating both arrangements based on the principle of privileged claims and wage guarantee institutions linked to social security.

Orderly and Effective Insolvency Procedures

Orderly and Effective Insolvency Procedures
Author: International Monetary Fund
Publisher: International Monetary Fund
Total Pages: 108
Release: 1999-08-02
Genre: Business & Economics
ISBN: 9781557758200

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.

Corporate Insolvency: Employment and Pension Rights

Corporate Insolvency: Employment and Pension Rights
Author: David Pollard
Publisher: Bloomsbury Publishing
Total Pages: 1421
Release: 2022-10-24
Genre: Law
ISBN: 1526515644

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.

Employment Law

Employment Law
Author: Ailbhe Murphy
Publisher: Bloomsbury Publishing
Total Pages: 1682
Release: 2017-05-25
Genre: Law
ISBN: 1780436254

This practical guide to Irish employment law brings together the knowledge and expertise of Ireland's leading employment, tax and pensions law practitioners. In-depth and accessible, it gives a comprehensive and clear review of all aspects of employment and labour law. This is the second edition of Employment Law, which has been newly updated and revised to include the extensive changes to the law, including in relation to the workings of the Workplace Relations Commission, and new chapters on whistle blowing, health and safety, mediation, agency workers, restraint of trade and injunctions. These build on the book's established chapters on the wide ranging facets of employment law, such as the employment relationship, Immigration and cross-border issues, and trade unions and industrial relations. Ideal for legal practitioners, employers and human resource specialists: with a copy on your bookshelf, accurate, detailed information on the law on all aspects of employment and labour law will always be close to hand. Your firm and clients will benefit from the technical pointers, tips and know-how to ensure complete legal compliance. Whatever you need on employment and industrial relations law, you'll find it within the pages of Employment Law. Keeps your firm right up-to-date on the latest issues and developments.

The EU Treaties and the Charter of Fundamental Rights

The EU Treaties and the Charter of Fundamental Rights
Author: Manuel Kellerbauer
Publisher: Oxford University Press
Total Pages: 2513
Release: 2019-05-16
Genre: Law
ISBN: 0192513400

This Commentary provides an article-by-article summary of the TEU, the TFEU, and the Charter of Fundamental Rights, offering a quick reference to the provisions of the Treaties and how they are interpreted and applied in practice. Written by a team of contributors drawn from the Legal Service of the European Commission and academia, the Commentary offers expert guidance to practitioners and academics seeking fast access to the Treaties and current practice. The Commentary follows a set structure, offering a short overview of the Article, the Article text itself, a key references list including essential case law and legislation, and a structured commentary on the Article itself. The editors and contributors combine experience in practice with a strong academic background and have published widely on a variety of EU law subjects.

Corporate Insolvency Laws

Corporate Insolvency Laws
Author: Australia. Parliament. Joint Committee on Corporations and Financial Services
Publisher:
Total Pages: 277
Release: 2004
Genre: Bankruptcy
ISBN: 9780642714008

On 14 November 2002, the Parliamentary Joint Committee on Corporations and Financial Services agreed to consider and report on the operation of Australia's insolvency and voluntary administration laws. In its approach to the range of issues it had to consider, the Committee placed importance on the following objectives and values: encouraging early intervention in the affairs of companies in financial difficulties and restoring companies to profitable trading where practicable; striking a balance between voluntary administration and liquidation; protecting the interests of creditors and, in particular, employees in circumstances of financial difficulty and corporate malpractice; maximising the value of an insolvent company's assets; reducing the cost of credit; and encouraging the good management of companies and deterring malpractice, and in particular, abuses of the corporate form and insolvency procedures generally.

Social Security Law in the Netherlands

Social Security Law in the Netherlands
Author: Frans Pennings
Publisher: Kluwer Law International B.V.
Total Pages: 309
Release: 2022-03-21
Genre: Law
ISBN: 9403548800

Derived from the renowned multi-volume International Encyclopaedia of Laws, this book describes the social security regime in the Netherlands. It conveys a clear working knowledge of the legal mechanics affecting health care, employment injuries and occupational diseases, incapacity to work, pensions, survivors’ benefits, unemployment benefits and services, and family benefits. The analysis covers the field of application, conditions for entitlement, calculation of benefits, financing, the institutional framework, and relevant law enforcement and controls. Allowances for retirees, employees, public sector workers, the self-employed, and the handicapped are all clearly explained, along with full details of claims, adjudication procedures, and appeals. Succinct yet eminently practical, the book will be a valuable resource for lawyers handling social security matters in the Netherlands. It will be of practical utility to those both in public service and private practice called on to develop and to apply social security law and policy, and of special interest as a contribution to the comparative study of social security systems.