1 Worker participation in the European Company (SE) ESRC/CLR seminar: Participation and worker representation in construction in the EU 4 February 2005.

Slides:

Advertisements

Similar presentations

Erstellt mit finanzieller Unterstützung der EU Kommission Luc Triangle, EMB 1 ROLE OF SOCIAL PARTNERS REGARDING MANAGEMENT OF INFORMATION, CONSULTATION.

Advertisements

E.U. Consultation on Commission Staff Working Document: Transnational Company Agreements – TCA’s.

Cross-Border Mobility in European Company Law

Mrs. Vesselina Starcheva Senior expert Confederation of Labour PODKREPA, Bulgaria November 19 th 2011, Athens.

The Transposition of The Information and Consultation Directive A Trade Union Perspective Liam Berney Congress Industrial Officer NUI Galway Center for.

INTRODUCTION INTO PRIVATE INTERNATIONAL LAW OF THE EUROPEAN UNION Marko Jovanovic, LL.M. MASTER IN EUROPEAN INTEGRATION Private International Law in the.

EDUCATION Societas Europaea Employee involvement Implication des travailleurs Beteiligung der Arbeitnehmer Jean-Claude Le Douaron SE Statute Regulation:

A narrow pathway between fences Seminar on free movement of same sex families in Europe European Parliament, 3 May 2011 Pál Szirányi – Permanent representation.

Overview of current state of SE founding in Europe Update: 1 January 2011 European Trade Union Institute (Brussels)

Jan Willem Goudriaan European Works Councils 1 VERDI – UNISON Seminar European Works Councils 24 February 2006 Berlin European Federation of Puiblic Service.

EUROPEAN COMMISSION Objective 3 Territorial Co-operation Workshop 3: EUROPEAN GROUPING OF CROSS BORDER COOPERATION DG Regional Policy Brussels,

COMMISSION FOR PERSONAL DATA PROTECTION 14 TH Meeting, CEEDPA may, Kyiv LEGAL FRAMEWORK FOR DATA PROTECTION, COMPETENCES AND PRIORITIES OF THE COMMISSION.

European Commission Labour Law A new framework for European Works Councils Evelyne Pichot European Commission Berlin, October 2010.

Figure 1 European Works Councils Multinationals database, Oct. 2002European Trade Union Institute (ETUI) Pioneering EWCs based on a formal agreement or.

EWC A body for workers’ and employer’s cooperation in transnational companies in European Union.

European Labour Law Lecture 10B Industrial democracy – EWC - 1 The European Works Council Directive dates back to 1994 (Directive 94/45/EC), but.

10. Workshop ERFP Uppsala, June 4, 2005 Proposals for an ERFP contribution to FAO Regional consultation on SoW- AnGR Hermann Schulte-Coerne.

Information and Consultation Rights within the Industrial Relations in Germany Dr Werner Altmeyer & Bernhard Stelzl (with support of Ralf-Peter Hayen,

THE COORDINATION OF EUROPEAN WORKS COUNCILS JEREMY WADDINGTON These tables are prepared for delegates attending a workshop entitled ‘Improving Trade Union.

Decision Making and Control chapter eleven McGraw-Hill/Irwin Copyright © 2009 by The McGraw-Hill Companies, Inc. All Rights Reserved.

5th European Company Law and Corporate Governance Conference Berlin, 27 and 28 June 2007 Company mobility – Does Europe offer the right framework? Stefano.

1SEEurope network meeting April 2005 National transposition of SE legislation: an overview A preliminary report Lionel Fulton Labour Research Department.

THE ETUI WORKER PARTICIPATION COMPETENCE CENTRE (EWPCC) ETUI Research – Officers Meeting

International Cooperative Banking Association ICBA Paris 21/11/2008 Cooperative Groups and European Legislation Apostolos Ioakimidis Commission of EU,

A EUROPEAN WORKS COUNCIL WHAT IS IT FOR ? the legal framework.

A EUROPEAN WORKS COUNCIL WHAT IS IT FOR ? the legal framework.

FEDERATION OF INDUSTRIAL WORKERS UNIONS 1 EUROPEAN WORK COUNCILS (EWC) Dip. Ing. Panos Katsampanis OBES trainer 02/0207.

11 The EMF Company Policy Committee Principles and goals EMF EU Policy Seminar for full-time union officers Chantal Caron European Metalworkers’ Federation.

NEW EU-WIDE TRADE STRATEGY OR THE HUGE GAP BETWEEN THEORETICAL VISION STATEMENTS AND PRACTICAL IMPLEMENTATION THREE LINE OF THOUGHTS --INVENTORY OF BUSINESS.

SEEUROPE Council Directives in Company Law and Workers’ Participation Overview by Johannes Heuschmid (March 2006) The presentation provides an overview.

Documentary holdings of the European Union law AL.

1. 2 The European Private Company (SPE) and the Cartesio case 11 June 2009 Judit Fischer – European Commission, DG Internal Market and Services.

Digital solutions to provide better information on companies and their structures: comments from a key stakeholder Dr. Sigurt Vitols European Trade Union.

1 Harmonisation within a merger of two spot power exchanges - Experiences by EEX and Powernext APEX CONFERENCE 2008 IN SYDNEY | 13 October 2008 Dr. Wolfgang.

CHAPTER 17 Information and consultation. The EU is trying to harmonise the approach to consultation of employees across Member States. The harmonisation.

FEDERATION OF INDUSTRIAL WORKERS UNIONS 1 EUROPEAN WORK COUNCILS (EWC) Dip. Ing. Panos Katsampanis OBES trainer Round table Sofia 8/12/06.

Restructuring and employment E.Pichot European Commission TRACE Stocholm 23 May 2005.

The SE consultation Jan Cremers March 2012

Societas Europaea Training and support for workers representatives Jean-Claude Le Douaron ETUCO Peter Kerckhofs, ETUI.

European information and consultation rights of Novartis Euroforum (NEF)‏ Ingrid Stipanovsky Member of the Novartis European Forum.

Policy Plan on Asylum An integrated approach to the protection of refugees across the European Union June 2008.

Twinning Project No 00MAC01/02/006: Approximation of Legislation to the Internal Market Acquis An EU-funded project managed by the European Agency for.

ETUI support for European Workers Representatives.

Manager Ethics European social dialogue Slovak University of Technology Faculty of Material Science and Technology in Trnava.

Societas Europaea Training and support for workers representatives Jean-Claude Le Douaron ETUCO Peter Kerckhofs, ETUI.

European Works Council New requirements for business IOE GLOBAL INDUSTRIAL RELATIONS NETWORK Brussels, 25 – 26 May

ETUC Project 2014/06 "Building an Enabling Environment for Voluntary and Autonomous Negotiations at Transnational Level between Trade Unions and Multinational.

EWC and Mergers & Acquisitions …disposal FORTIS EWC Blanmont December 2002.

EU Politics CHAPTER 13: Other Institutions. Outline 1) European Economic and Social Committee (EESC) 2) Committee of the Regions (CoR) 3) European Agencies.

1 M O N T E N E G R O Negotiating Team for the Accession of Montenegro to the European Union Working Group for Chapter 9 – Financial Services Bilateral.

New approach in EU Accession Negotiations: Rule of Law Brussels, May 2013 Sandra Pernar Government of the Republic of Croatia Office for Cooperation.

M O N T E N E G R O Negotiating Team for the Accession of Montenegro to the European Union Working Group for Chapter 5 – Public Procurement Bilateral screening:

EDUCATION EWC - CEE EWCs: Problems & Practices. EDUCATION How many EWC meetings?

Women in company boards. An issue for ETUC? Cinzia Sechi, Policy Advisor, ETUC ETUC Participation WG 16 February 2012, Brussels.

M O N T E N E G R O Negotiating Team for the Accession of Montenegro to the European Union Working Group for Chapter 6 – Company Law Bilateral screening:

Worker‘s Participation

A EUROPEAN WORKS COUNCIL WHAT IS IT FOR ?

The EWC recast directive

Social dialogue and organising members in the commerce sector

European Labour Law Jean Monnet Chair of EU Labour Law Academic Year Silvia Borelli:

Czech Republic Mining Association (Těžební unie)

Worker‘s Participation

EGTCs with Partner countries

Better tools for your EWC : elements of the recast directive.

Corporate Restructuring And Workers' involvement

EUROPEAN (EU) COMPANY LAW

SOCIAL DIALOGUE WITHIN THE SCOPE OF EUPAN

European Labour Law Jean Monnet Chair of EU Labour Law Academic Year Silvia Borelli:

Identifying obstacles to European Works Councils’ creation and effectiveness – are there lessons to be learnt from some national jurisdictions? Professor.

THE EU LEGAL FRAMEWORK ON EMPLOYEE INVOLVEMENT

Presentation transcript:

1 Worker participation in the European Company (SE) ESRC/CLR seminar: Participation and worker representation in construction in the EU 4 February 2005 Michael Stollt, Social Development Agency (Brussels) Social Development Agency (SDA) Michael Stollt

Legal basis European Company (Societas Europeae) Regulation on the statute for a European Company (ways of forming, structure, organs...) Directive on employee involvement in the European Company (procedure, worker rights) „transposition“ into national law until 8 October 2004

Social Development Agency (SDA) Michael Stollt de facto not 1 SE-law, but 28 ! SE-Statute und SE-Directive do not create a completely harmonised European corporate law 1.Member States‘ options in national transposition laws 2.Application of national laws in the fields that are not regulated in the SE legislation National transposition of the SE – Variety of choices

Social Development Agency (SDA) Michael Stollt Transposition of the SE Directive : State of the art February 2005 AustriaBelgiumCyprus Czech Republic DenmarkGermanyHungaryIcelandMaltaFinland Slovak Republic SwedenUK 

Social Development Agency (SDA) Michael Stollt Ways of forming an SE Merger Holding Subsidiary Conversion Public limited companies from two Member States can form an SE by merger Public and private limited companies from two Member States can form a Holding Any legal entities governed by public or private law from two Member States (or SE itself) form a subsidiary- SE A public limited company can transform into SE, if it has had a subsidiary in another Member State since 2 years Dr. Roland Köstler 03/2003 Ways of forming an SE

Social Development Agency (SDA) Michael Stollt Worker involvement in ‘community scale undertakings’ ‚Community scale undertakings‘ > 1000 employees in MS and > 150 AN in each of at least 2MS initiative Rights SE Directive EWC Directive Concerned companies ‚Community scale undertakings‘ that want to establish an SE Company sideWorker side Procedure Negotiations between management and a special negotiatting body: Agreement or standard rules Negotiations between management and a special negotiating body: Agreement or standard rules European Works Council: Transnational information and consultation rights SE Works Council: (improved) transnational information and consultation rights plus participation rights

Social Development Agency (SDA) Michael Stollt Worker involvement in the SE information consultation participation “questions which concern the SE itself and any of its subsidiaries or establishments situated in another Member State or which exceed the powers of the decision-making organs in a single Member State” Adequate time, manner and content! the right to elect or appoint some of the members of the company's supervisory or administrative organ = board-level representation

Social Development Agency (SDA) Michael Stollt Participation rights in the 28 countries applying the SE legislation CY Widespread participation rights (comprising state-owned as well as private companies) 12 countries Limited participation rights (mainly state-owned or privatised companies) 7 countries No (or very limited) participation rights9 countries Stollt/Kluge: 2005

Social Development Agency (SDA) Michael Stollt ETUC position on SE High level of worker participation in the SE European mandate of worker board members Fundamental debate on (board-level) participation in SE is „closed“ ETUC Congress Stockholm 1988 ETUC Congress Stockholm 1988 ETUC Action Programme Prague 2003

Social Development Agency (SDA) Michael Stollt Only a handful of SE so far… Elcoteq Nordea SE Bauholding Strabag Brenner Basistunnel

Social Development Agency (SDA) Michael Stollt Outlook: Other relevant (planned) EU Directives European Cooperative Society (ECS) European statute for cooperatives 14th Company Law Directive Transferral of registered offices ETUC: No fallback behind standard reached in SE Directive ! Information and Consultation Directive National mininum standards for I+C 10th Company Law Directive Cross-border mergers

Social Development Agency (SDA) Michael Stollt For further information: working papers (e.g. ETUC) legal texts FAQ SE checklist documents [...] SEEurope ountry Reports and SEEurope - Country Reports 1. Information about the SE 2. Conceptual work: The meaning of workers’ influence on companies’ decisions and strategies for achieving the European Social Model.

Social Development Agency (SDA) Michael Stollt ‘Transposition’ of SE Regulation: Two systems Choices of SE in its statutes Member States must allow SE to choose between both systems Monistic System = administrative organ (board) Dualistic system = Management organ plus separate supervisory organ or Implications on national company law !