Labour’s impact on employment of the transfer of production units within the insolvency proceedings

Abstract

In various bankruptcy situations, one of the possibilities for the survival of the company involves the sale of one or more of its productive units; even in liquidation situations, the total or partial satisfaction of credits also relies on this possibility. A constant in the history of modern bankruptcy legislation has been the adaptation of bankruptcy law to the demands arising from labor regulations. However, such efforts have never fully met the needs derived from the dual interest to protect: the survival of the company and the guarantee of workers’ rights. This study aims to convey the current state of the issue, which reveals a  regulatory failure exacerbated by greater legal insecurity.