Premium
Insolvency Proceedings and Workers’Rights: the Italian Case
Author(s) -
Biagi Marco
Publication year - 1988
Publication title -
labour
Language(s) - English
Resource type - Journals
SCImago Journal Rank - 0.403
H-Index - 34
eISSN - 1467-9914
pISSN - 1121-7081
DOI - 10.1111/j.1467-9914.1988.tb00130.x
Subject(s) - insolvency , legislation , bankruptcy , business , statutory law , context (archaeology) , severance , jurisprudence , law , law and economics , adjudication , labour law , political science , economics , paleontology , biology
In this paper the author analyses different types of insolvency proceedings in the context of the Italian legal system, focusing on the possible effects of bankruptcy law on employment relationships. The concept of‘privileged workers’claims is discussed, taking into account their rank of preference as stated by statutory law and according to the interpretations offered by jurisprudence. One section is expressly devoted to the recent legislation providing a Guarantee Fund for severance allowance claims in case of insolvency, but also in the event of mere nonpayment by the employer. After having covered the concept of 'super‐privileged claims', the paper discusses more widely possible forms of protecting workers in a situation of company crisis and links between social legislation on the one hand, and bankruptcy law on the other. Finally, the author emphasizes the more effective protection now offered by the Italian legal system to workers’claims, although the trade unions have considerable difficulty in keeping the workforce united when insolvency proceedings are opened.