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Author: Kirsten Henckel
Publisher: Kluwer Law International B.V.
ISBN: 9041192611
Category : Law
Languages : en
Pages : 360
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Book Description
Globalization and market integration have shaped the economic climate in such a way as to give rise to a considerable increase in cross-border mergers, acquisitions and corporate restructurings. However, the primary European Union (EU) legislation in this area – the Acquired Rights Directive – brings about only partial and minimum harmonization, giving rise to differences in the employee protective regime across the EU Member States. This book, the rst full analysis of the EU-level private international law implications of the subject, masterfully addresses the plethora of questions that arise and presents well-considered and soundly based recommendations towards the introduction of a new and uniform con ict of laws path for transfers of undertakings throughout the EU. With a methodology that combines comparative, ‘black letter’, legal historical and empirical approaches, the author addresses such issues and topics as the following: – determination of applicable law both upon and after a transfer; – jurisdictional issues; – the main provisions of the Acquired Rights Directive and their content; – the main differences existing among the relevant laws of the Member States; – special characteristics of the maritime sector and seagoing workers; and – cross-border implications of Brexit. This book critically evaluates the existing rules on international jurisdiction and the con ict of laws relating to cross-border transfers of undertakings, clearly exposing the regime’s merits and demerits. Counsel representing any actor involved in a cross-border merger, acquisition, or business restructuring – transferor, transferee, or affected employees – will be well served with this exemplary account of their legal position both before and after the transfer. In addition, policymakers, legislators and interested academics will bene t greatly from the author’s clearly presented guidelines on the development of an EU-wide con ict of laws regime for transfers of undertakings.
Author: Kirsten Henckel
Publisher: Kluwer Law International B.V.
ISBN: 9041192611
Category : Law
Languages : en
Pages : 360
Get Book Here
Book Description
Globalization and market integration have shaped the economic climate in such a way as to give rise to a considerable increase in cross-border mergers, acquisitions and corporate restructurings. However, the primary European Union (EU) legislation in this area – the Acquired Rights Directive – brings about only partial and minimum harmonization, giving rise to differences in the employee protective regime across the EU Member States. This book, the rst full analysis of the EU-level private international law implications of the subject, masterfully addresses the plethora of questions that arise and presents well-considered and soundly based recommendations towards the introduction of a new and uniform con ict of laws path for transfers of undertakings throughout the EU. With a methodology that combines comparative, ‘black letter’, legal historical and empirical approaches, the author addresses such issues and topics as the following: – determination of applicable law both upon and after a transfer; – jurisdictional issues; – the main provisions of the Acquired Rights Directive and their content; – the main differences existing among the relevant laws of the Member States; – special characteristics of the maritime sector and seagoing workers; and – cross-border implications of Brexit. This book critically evaluates the existing rules on international jurisdiction and the con ict of laws relating to cross-border transfers of undertakings, clearly exposing the regime’s merits and demerits. Counsel representing any actor involved in a cross-border merger, acquisition, or business restructuring – transferor, transferee, or affected employees – will be well served with this exemplary account of their legal position both before and after the transfer. In addition, policymakers, legislators and interested academics will bene t greatly from the author’s clearly presented guidelines on the development of an EU-wide con ict of laws regime for transfers of undertakings.
Author: Incomes Data Services
Publisher: Sweet & Maxwell
ISBN: 0414029836
Category : Business enterprises
Languages : en
Pages : 606
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Book Description
"When a business is sold by one employer to another, or the responsibility for providing a service transfers from one employer to another, what happens to the dedicated workforce? Do the employees concerned have the right to work for the new employer? And if so, do they retain the contractual and other employment rights that they enjoyed prior to the transfer, or is the new employer entitled to vary their contracts in order to harmonise their terms and conditions with those of any existing employees? These are the main issues with which the Transfer of Undertakings (Protection of Employment) Regulations 2006 SI 2006/246 (TUPE) - the focus of this Handbook - are concerned."--Back cover.
Author: John McMullen
Publisher:
ISBN: 9780406901552
Category : Consolidation and merger of corporations
Languages : en
Pages :
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Book Description
Author: Michael Ryley
Publisher: Jordan Publishing (GB)
ISBN: 9781846612909
Category : Business enterprises
Languages : en
Pages : 0
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Book Description
This text offers a definitive account of the legal framework of TUPE following the implementation of the new regulations together with a comprehensive look at the practical application of the law, dealing with issues such as when the regulations apply, the effects of a transfer, and dismissals and issues arising in connection with a transfer.
Author: The City Law School
Publisher: Oxford University Press, USA
ISBN: 0199227543
Category : Law
Languages : en
Pages : 372
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Book Description
Written specifically for students on the Bar Vocational course, the Bar manuals are updated regularly and are very popular with practitioners as well as students.
Author: Walter Thomas
Publisher: Bloomsbury Publishing
ISBN: 1526509520
Category : Law
Languages : en
Pages : 381
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Book Description
A unique and invaluable aid to corporate counsel, and other legal advisors, to guide corporate response and decision making, presented with ease of accessibility and a practical, pragmatic focus. It is a first port of call for those charged with advising their key business leaders on difficult and disputed legal issues that engage and tax the board room. It presents the legal considerations implicit in the business functional areas common to commercial practice, be it sales, productions, marketing, human resources, finance and accounting etc, and additionally explores some of the following topics that are typically top of corporate counsel agenda: - Commercial Contracting, with particular emphasis on the risks of Agency and Distribution arrangements in EMEA - Regulatory and Legal Compliance considerations across EMEA - Product compliance - Advertising and Promotion within EMEA - Geo-Political Legal Considerations It also includes helpful chapters on the topics of Company Secretariat obligations, geopolitical legal considerations in EMEA and the emerging field of Islamic commercial and legal interface with local law.
Author: Zvi H. Bar-Niv
Publisher: Martinus Nijhoff Publishers
ISBN: 9780792329596
Category : Law
Languages : en
Pages : 568
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Book Description
The "International Labour Law Reports" is a series of annual publications of labour law judgements by the highest courts in a number of jurisdictions. "ILLR" is intended primarily for the use of judges, labour law practitioners, industrial relations specialists and students who need or desire ready access to authoritative information of a comparative nature on problems arising in the field of labour law and industrial relations. Each judgement reprinted in "ILLR" is accompanied by Headnotes and in practically all cases by an Annotation which sets forth, among other things, the legal issues involved, the basic facts of the case (if not included in the judgement itself), the relevant statutory provisions and judicial precendents, the labour law and industrial relations context in which the case arose and the significance of the judgement in the development of the law. The "ILLR" provide the reader with factual information that is not coloured by the personal views of the annotators. As a rule, judgements are printed "in extenso"; editorial discretion has been relied upon to delete or to summarize portions of judgements that are purely technical or only of marginal interest. "Volume 13" covers the period 1 October 1992 to 30 September 1993.
Author: American Bar Association. House of Delegates
Publisher: American Bar Association
ISBN: 9781590318737
Category : Law
Languages : en
Pages : 216
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Book Description
The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.
Author: Andrew Paul Newcombe
Publisher: Kluwer Law International B.V.
ISBN: 9041123512
Category : Political Science
Languages : en
Pages : 644
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Book Description
The book focuses on the substantive protections accorded to investors and investments and on the variations among jurisdictions. Among the many specific issues and topics that arise in the course of the discussion are the following: - problems of transparency and conflict of interest; - the recent growth in IIAs between and among developing nations; - the effect of new model bilateral investment treaties (BITs); - the ability of non-disputing parties to participate in investor-state arbitration; - theories of the interaction of foreign direct investment (FDI) and BITs; - investor-state arbitration as an evasion of public regulatory authority; - the role of investment funds in international investment; - 'fork in the road' provisions; and - institutional versus ad hoc arbitration. International business and other investors will greatly appreciate the in-depth information and insightful guidance in this solidly useful book. It will also be welcomed by jurists and students as a significant milestone in the development of principles in a quickly growing field of practice that is still plagued with inconsistencies.
Author: Jane Moffatt
Publisher: Oxford University Press, USA
ISBN: 0199544298
Category : Law
Languages : en
Pages : 528
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Book Description
'Employment Law' is the core text for trainee solicitors studying employment law on the professional practice course. It provides an overview of current Irish employment law including recent changes in legislation, making it an excellent starting point on the subject.
