Who is afraid of unions representation? Some considerations on the SAP SE case in the light of EU Labour Law.
Keywords:Societas Europaea, Transformation of the undertaking, Employees involvement, Information, consultation, codetermination, Unions representatives
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.
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