2016 Fiscal Year Final Research Report
Study on the limitation of dismissal and the range of authority of courts in case of insolvency of the enterprises
| Project/Area Number |
26780033
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| Research Category |
Grant-in-Aid for Young Scientists (B)
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| Allocation Type | Multi-year Fund |
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| Research Field |
Social law
|
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| Research Institution | University of the Ryukyus |
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Principal Investigator |
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| Project Period (FY) |
2014-04-01 – 2017-03-31
|
| Keywords | 労働法 / 倒産労働法 / 裁判所 / フランス / 解雇 / 整理解雇 / 再建計画 / 管財人 |
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| Outline of Final Research Achievements |
This study aided by the Grants-in-Aid for Scientific Research is on the question of the range of authority of 2 kinds of courts involved in the dismissal due to reorganization in case of insolvency of the enterprises, i.e. if the decision of the court in charge of bankruptcy affairs permitting the dismissal had any legal influences on the judgement of the court of labour affairs.
With comparing with the French law, it was revealed that the decision of the bankruptcy court who is not based on the suffice system of negotiation between the labourers and other persons concerned, especially creditors, enough to reflect the interest of employees must not have any influence on the decision of labour court.
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| Free Research Field |
社会法学
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