The Application of Legal Regulations for Workforce Reductions under Corporate Bankruptcies.

2016 Fiscal Year Final Research Report

• Project/Area Number: 26380075
• Research Category: Grant-in-Aid for Scientific Research (C)
• Allocation Type: Multi-year Fund
• Section: 一般
• Research Field: Social law
• Research Institution: Hokkaido University
• Principal Investigator: IKEDA Hisashi 北海道大学, 大学院法学研究科, 准教授 (00456097)
• Project Period (FY): 2014-04-01 – 2017-03-31
• Keywords: 社会法学 / 労働 / 倒産 / 労働力調整 / 再建

Outline of Final Research Achievements

Under corporate bankruptcies, labor related issues constitute core elements of bankruptcy procedures, called “insolvency and labor related issues”: the priority for claims of employees, the procedural participation for employee representatives and the reduction of workforce such as layoffs. It is said that employers under corporate bankruptcies are usually forced to reduce their workforce. Though Japan’s traditional legal model for workforce reductions prefers changing labor conditions of all employees to layoffs or dismissals of some employees may not be applicable under corporate bankruptcies, there have been very few researches for now. This research is aimed to provide a comprehensive analysis on the application of legal regulations for workforce reductions under corporate bankruptcies by comparing Japan and other countries.

Free Research Field

労働法