Includes bibliographical references (pages 223-244).
Contents:
Table of legislation -- Table of cases -- Table of government reports and other documents -- Table of abbreviation -- A path dependent comparative historical analysis of employment protection and corporate rescue in the United Kingdom and France -- The path to labour regulation and corporate insolvency law - a journey through early foundational historical experience -- Proletarianisation, industrialisation, and the emergency of labour regulation i France and Britain -- Historical perspectives on debt, credit, and insolvency - an examination of financial evolution -- Acquired rights and the insolvency exception - EU social policy evolution and influence -- Conflict and resolution - path dependent influences on the evolution of acquired rights in corporate rescue in the UK and France -- Conclusion.
Summary:
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 ; 4
This resource is supported by the Institute of Museum and Library Services under the provisions of the Library Services and Technology Act as administered by State Library of Iowa.