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    Employment issues on insolvency
    2010-09-27

    In the current economic climate, many companies are facing the prospect of their business becoming insolvent.

    From an employer’s, and indeed an insolvency practitioner’s perspective, the rights and obligations owing to employees of which they need to be aware depend on the nature of the insolvency and the terms of the contract of employment.

    Filed under:
    Ireland, Employment & Labor, Insolvency & Restructuring, Mason Hayes & Curran LLP, Contractual term, Wage, Employment contract, Sick leave, Liquidation, Companies Act 2006 (UK)
    Authors:
    Elizabeth Ryan
    Location:
    Ireland
    Firm:
    Mason Hayes & Curran LLP
    BenefitsBit: No Smallsteps pre-pack situation; TUPE-rules do not apply
    2017-11-07

    Bogra is a company that is active within the funeral industry. As a result of serious financial problems, an administrator (bewindvoerder) was appointed on 28 June 2017. On the same date Bogra was declared bankrupt (30 June 2017), the employment agreements of Bogra’s employees were terminated. Funico acquired (part of) Bogra’s assets on 18 July 2017 due to an asset transaction. Effective 19 July 2017, Bogra’s activities were continued by Bogra Uitvaartkisten.

    Filed under:
    Netherlands, Employment & Labor, Insolvency & Restructuring, Loyens & Loeff, Bankruptcy, Employment contract, LinkedIn, Court of Justice of the European Union
    Authors:
    Youssef el Harchaoui
    Location:
    Netherlands
    Firm:
    Loyens & Loeff
    Four important new laws applicable to businesses and directors to enter into effect on 1 July
    2016-06-30

    On 1 July 2016 four important new laws applicable to businesses and directors will enter into effect.

    Filed under:
    Netherlands, Company & Commercial, Employment & Labor, Insolvency & Restructuring, White Collar Crime, NautaDutilh, Whistleblower, Bankruptcy, Legal personality, Independent contractor, Fraud, Board of directors, Employment contract, Misconduct, Government agency, Tax return (USA), Gross negligence, Chief executive officer
    Authors:
    Geert Raaijmakers , Suzanne Rutten
    Location:
    Netherlands
    Firm:
    NautaDutilh
    Successive terms of employment after insolvency: an update
    2013-03-28

    In the October 2012 Newsflash, we informed you about the notion of “successive terms of employment” and the consequences associated herewith. We discussed the Dutch Supreme Court’s recent Van Tuinen decision, in which the Court limited the doctrine of successive terms of employment after insolvency by following the case law pertaining to the probationary period.

    Filed under:
    Netherlands, Employment & Labor, Insolvency & Restructuring, Litigation, CMS Netherlands, Employment contract
    Authors:
    Fleur van Assendelft de Coningh , Barbara Veldmaat
    Location:
    Netherlands
    Firm:
    CMS Netherlands
    Supreme Court judgment on termination of lease agreements in the event of bankruptcy (Aukema Q.Q./Uni-Invest)
    2011-07-29

    1.      Introduction

    Filed under:
    Netherlands, Insolvency & Restructuring, Litigation, Real Estate, NautaDutilh, Bankruptcy, Surety, Employment contract, Debt, Liquidation, Severance package, Supreme Court of the United States
    Location:
    Netherlands
    Firm:
    NautaDutilh
    Recent legal developments in the Middle East
    2010-02-10

    Dubai World – government releases details of a tailor-made restructuring process

    In the wake of the high profile financial problems affecting the Dubai World group, the Dubai government has announced a new reorganisation law in case that group is unable to achieve an acceptable restructuring of its debts. New legislation was needed because the status of Dubai World as a company incorporated under special legislation means that the UAE insolvency laws do not apply to it. The new legislation:

    Filed under:
    United Arab Emirates, Insolvency & Restructuring, Herbert Smith Freehills LLP, Public company, Employment contract, Joint venture, Dispute resolution, American Arbitration Association, Dubai International Financial Centre
    Location:
    United Arab Emirates
    Firm:
    Herbert Smith Freehills LLP
    TUPE applies to acquisitions out of administration
    2011-02-18

    There are essentially three types of insolvency proceeding: liquidation, receivership and administration. Liquidators realise and distribute a company’s assets before dissolving the company. Receivers usually realise certain secured assets to repay certain debts, before appointing a liquidator. However, an administrator’s first objective is to rescue the company as a going concern. It is only if this is not practicable that the administrator can realise and distribute a company’s assets.

    Filed under:
    United Kingdom, Employment & Labor, Insolvency & Restructuring, Litigation, Dechert LLP, Bankruptcy, Employment contract, Debt, Liability (financial accounting), Liquidation, Unfair dismissal, Liquidator (law), Transfer of Undertakings (Protection of Employment) Regulations 2006 (UK), Insolvency Act 1986 (UK), Transfers of Undertakings Directive (2001/23/EC), Employment Appeal Tribunal
    Location:
    United Kingdom
    Firm:
    Dechert LLP
    Oakland v Wellswood (Yorkshire) Ltd: EAT decides "pre-pack" sales do not transfer employees under TUPE
    2009-07-15

    The Employment Appeals Tribunal (EAT) has decided that the sale of a business by way of a pre-pack administration[1] did not result in a transfer of employees under the Transfer of Undertakings (Protection of Employment) Regulations 2006, (TUPE Regulations or TUPE).

    TUPE Regulations

    Filed under:
    United Kingdom, Employment & Labor, Insolvency & Restructuring, Litigation, Fasken, Contractual term, Bankruptcy, Employment tribunal, Employment contract, Liability (financial accounting), Liquidation, Unfair dismissal, Subsidiary, Transfer of Undertakings (Protection of Employment) Regulations 2006 (UK), Employment Appeal Tribunal
    Authors:
    Claire Mitchell , June Paddock , Peter Rhodes , David Smith
    Location:
    United Kingdom
    Firm:
    Fasken
    Employee status
    2009-05-14

    When can shareholders also have employee status?

    Filed under:
    United Kingdom, Employment & Labor, Insolvency & Restructuring, Litigation, Bird & Bird LLP, Share (finance), Shareholder, Employment contract, National Insurance, Liquidation, Unfair dismissal, Employment Rights Act 1996 (UK), Court of Appeal of England & Wales
    Location:
    United Kingdom
    Firm:
    Bird & Bird LLP
    TUPE and insolvency proceedings
    2008-12-23

    In Oakland v Wellswood (Yorkshire) Ltd, the Employment Appeals Tribunal (EAT) decided that an employee of a business in administration was unable to have the protection afforded to employees under the Transfer of Undertakings (Protection of Employment) Regulations 2006 (TUPE) when the business in which he was employed was transferred and continued as a going concern with the transferee.

    Filed under:
    United Kingdom, Employment & Labor, Insolvency & Restructuring, Litigation, Reed Smith LLP, Bankruptcy, Employment contract, Debt, Liability (financial accounting), Liquidation, Unfair dismissal, Department for Business, Enterprise and Regulatory Reform, Transfer of Undertakings (Protection of Employment) Regulations 2006 (UK), Transfers of Undertakings Directive (2001/23/EC), Employment Appeal Tribunal
    Location:
    United Kingdom
    Firm:
    Reed Smith LLP

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