How does the directive deal with participation?
The issue of participation is regulated in Art. 16, which refers repeatedly to the SE directive. The basic rule is that the applicable participation rules shall be those of the country in which the company resulting from the cross-border merger has its registered office. However, there are three important exceptions to this basic rule, to safeguard existing participation rights. If these exceptions apply, as a basic principle the SE procedure will be relevant. This means there must be negotiations on the participation of employees between the management of the merging companies and the employee representatives in a Special Negotiating Body (SNB). If the parties fail to reach agreement on employee participation within a given time frame standard rules for participation may apply.
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- How does the directive deal with participation?
