Learning Objectives
The course aims to foster students’ critical thinking skills and their ability to identify the underlying tensions inherent in this area of law.
The course will not be confined to the study of domestic legislation. It will also adopt an international and European law perspective, as well as a comparative law approach, enabling students to develop an integrated and comparative understanding of the legal rules governing this field. In this way, students will be encouraged to recognise the need to interpret and apply domestic legislation in conjunction with supranational sources of law, and to address any potential conflicts between legal rules.
Syllabus
I. Termination of Employment Contracts on Business Grounds
1. The principle of security of employment and dismissal on objective grounds.
2. Collective dismissal.
3. Dismissal on grounds of redundancy.
4. Termination of employment contracts as a result of business closure.
II. Employment Law Implications of Corporate Insolvency and Business Restructuring (PER and RERE)
1. Effects on employment contracts.
2. Effects on employment-related legal proceedings.
3. Effects on employment-related claims.
III. Corporate Distress and the Protection of Employment Claims
1. Preferential rights and priorities in respect of claims.
2. Joint and several liability of companies within reciprocal shareholding, control or group relationships.
3. Liability of shareholders, managers and directors.
4. The Wage Guarantee Fund.