Preventive Restructuring, European Directive, Article 13, Workers
The position of European workers in the context of proposals for the introduction of
rescue frameworks in all member states is mentioned across a range of Recitals to the
Directive. Article 13 was not included in original drafts but was included at a relatively
late stage of the institutional and trilogue process. This is perhaps why the issue of
workers’ rights is mentioned so frequently when it was not anticipated that a particular
Article would be addressed to the rights of workers. The Recitals range from those
specifically dealing with the position of workers to Recitals which, when mentioning
creditors or other stakeholders, refer to workers or employees particularly. This underlines the importance of workers or employees in European Social Policy broadly
speaking. This policy imperative is in stark contrast to the lack of protection for
employees and workers generally which is apparent in the law of the United States