Issues on the Insolvency Procedure from a Human Rights Perspective
Issues on the Insolvency Procedure from a Human Rights Perspective

Summary/Abstract: Insolvency procedure is classically limited to commercial law. Designating the debtor's condition, characterized by the insufficiency of the funds necessary to cover the debts, the insolvency evokes a technical procedure that claims as a means of manifesta¬tion, the business relations. In this paper, we aim to study the legal implications ge¬nerated on employees following the initiation of the employer's insolvency proceedings. We will therefore apply a study paradigm that reconfigures the insolvency procedure by translating from the specifics of business relations to the specifics of labor relations. In our demarche we aim to promote a human rights based approach through which we will emphasize the humanistic aspects of the insolvency procedure, thus focusing on ensuring greater social protection in favor of employees. Consequently, the analyzed international and European standards will be evaluated from the perspective of the rights and social freedoms of the individual.

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