Corporate Mobility – The Involvement of Employees
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Joti Roest
In April 2018, the European Commission presented a proposal for a Directive amending Directive 2017/1132 as regards cross-border conversions, mergers and divisions. This article discusses the proposed provisions to protect the interests of employees in a cross-border operation. Their position would be strengthened since employee representatives are granted information and consultation rights. As to the protection of existing board level employee representation rights, the Proposal follows the EU legal framework on the involvement of employees, consisting of a negotiation process between representatives of the employees and the management. As Standard Rules apply if no agreement can be reached, negotiations take place with the law as a sentinel. Practice has shown that this complicated legal framework is effective in protecting existing employee participation rights. The Proposal shows that in 2019, this carefully vetted political compromise leaves EU legislators little room to manoeuvre by simplifying the framework or strengthening the position of employees.
© 2019 Walter de Gruyter GmbH, Berlin/Boston
Articles in the same Issue
- Editorial
- The Company Law Package – Content and State of Play
- Cross-Border Conversions in the EU: The EU Commission Proposal
- Protection of Creditors and Minority Shareholders in Cross-border Transactions
- Corporate Mobility – The Involvement of Employees
- Digitalization and Corporate Law – A View from Germany
- Proposal Regarding the Use of Digital Tools and Processes in Company Law: The Practioner’s Perspective
- Discussion Report
- The Commission’s 2018 Proposal on Cross-Border Mobility – An Assessment
- Cross-border Mergers, Divisions and Conversions: Accomplishments and Deficits of the Company Law Package
Articles in the same Issue
- Editorial
- The Company Law Package – Content and State of Play
- Cross-Border Conversions in the EU: The EU Commission Proposal
- Protection of Creditors and Minority Shareholders in Cross-border Transactions
- Corporate Mobility – The Involvement of Employees
- Digitalization and Corporate Law – A View from Germany
- Proposal Regarding the Use of Digital Tools and Processes in Company Law: The Practioner’s Perspective
- Discussion Report
- The Commission’s 2018 Proposal on Cross-Border Mobility – An Assessment
- Cross-border Mergers, Divisions and Conversions: Accomplishments and Deficits of the Company Law Package
