Oireachtas Joint and Select Committees

Wednesday, 6 July 2022

Joint Oireachtas Committee on Jobs, Enterprise and Innovation

Pre-legislative Scrutiny of the Companies (Protection of Employees' Rights in Liquidations) Bill 2021: Discussion

Ms Maeve McElwee:

There is huge potential for inequality to be created. A significant issue would also arise from recognising a voluntary agreement, which is agreed between an employer and employees, in circumstances that most likely do not envisage any situation of insolvency arising. Most ex-gratiapayments and collective agreements are negotiated to sustain and maintain a going concern. Never in my personal experience have they been negotiated with an insolvency situation in mind. Therefore, making that a statutory obligation on the State is a concerning move.

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