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Employees’ Rights In The Corporate Governance Context

Listed author(s):
  • Andrei Emil MOISE

    ()

    (Bucharest University of Economic Studies)

  • Gabriela Ioana ROSCA

    ()

    („Nicolae Titulescu” University)

Registered author(s):

    The recent redrafting of the corporate governance legal frame at the European level, with emphasis on its functions of valorization and security of shareholders’ rights, maximizing profits and minimizing risks, raises the balance issue between the above stated goals and the necessity for compliance with employees’ rights. In this context, we intend to analyze the possibility for the labour regulations to be completed or substituted by the “soft-law” regulations, product of corporate governance, to identify the degree of stability, transparency and predictability of the employer-employee relationship and to identify the reconciliation methods between the apparently differing objectives of corporate governance and protection of employees’ rights. The study performs an analysis of the cases in which relevant provision form both corporate law and labour law are applicable, providing also practical examples from the real business environment, a comparative analysis of the relevant legal provisions from the principal EU member states and also an examination of the relevant doctrine. The research results indicate the negative effect of the poor implementation of the corporate governance rules over employees’ rights, but also the fact that compliance with employees’ rights can be and should be an instrument of the effective and transparent corporate governance rather than a barrier, providing several directions for improving the labour relations in the corporate environment.

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    File URL: http://www.businesslawconference.ro/revista/articole/an3nr1/37.%20Moise%20Andrei%20Emil,%20Rosca%20Gabriela%20EN.pdf
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    Article provided by Societatea de Stiinte Juridice si Administrative (Society of Juridical and Administrative Sciences) in its journal “Perspectives of Business Law” Journal.

    Volume (Year): 3 (2014)
    Issue (Month): 1 (December)
    Pages: 284-293

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    Handle: RePEc:sja:journl:v:3:y:2014:i:1:p:284-293
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    1. Simon Deakin & Beth Ahlering, 2005. "Labour regulation, corporate governance and legal origina: a case of institutional complementarity?," Working Papers wp312, Centre for Business Research, University of Cambridge.
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