Who is afraid of unions representation? Some considerations on the SAP SE case in the light of EU Labour Law.

Authors

  • Edoardo Ales University of Naples “Parthenope”

DOI:

https://doi.org/10.6092/issn.1561-8048/14085

Keywords:

Societas Europaea, Transformation of the undertaking, Employees involvement, Information, consultation, codetermination, Unions representatives

Abstract

The contribution focuses on the Bundesarbeitsgericht’s question to the Court of Justice whether a provision according to which, in the case where an SE with its registered office in Germany is established by means of transformation, a separate selection procedure for persons nominated by trade unions for a certain number of supervisory board members representing the employees must be guaranteed (§ 21(6) SEBG), is compatible with Article 4(4) of Council Directive 2001/86/EC of 8 October 2001 supplementing the Statute for a European company with regard to the involvement of employees. In the view of the Author the answer should be in the sense of compatibility.

Downloads

Published

2021-12-22

How to Cite

Ales, E. (2021). Who is afraid of unions representation? Some considerations on the SAP SE case in the light of EU Labour Law. Italian Labour Law E-Journal, 14(2), 71–83. https://doi.org/10.6092/issn.1561-8048/14085

Issue

Section

Miscellaneous