Archive

Many companies today seem to have become little more than money-machines, seeking the highest returns from global markets. Employees, and indeed many managers too, are the slaves rather than the masters of such companies. Works councils and trade unions are reduced to mopping up the social consequences of their decisions. That is why this book, edited by Michael Gold, Norbert Kluge and Aline Conchon, depicts the everyday realities of serving as an employee representative in company boardrooms, and – as importantly – the personalities behind them. Eighteen representatives located in 12 European countries introduce the reader to their experiences, as well as their duties, responsibilities and perceptions against the background of their individual character, colleagues and workplaces. more

In March 2010, the EU Commission finally made available the so-called ‘Ernst and Young study’ on the operation and the impacts of the Statute for a European Company. Shortly afterwards the Commission launched an online consultation on the results of the study. In July 2010, the European Commission produced a summary report on the replies to the online consultation.This ETUI paper brings together a critical analysis of the consultation procedure, the Commission consultation summary and the ETUI’s reply to the consultation on the Ernst&Young study. more

After a relatively quiet summer period, there has been movement again in the ‘SE market’ in the past two months. In total, 36 SEs have been added to the database since the previous update (1 September 2010). At the time of writing, the ECDB (SE Factsheets) provides information on 658 established and 18 planned SEs. more

Also our "SE facts and figures" have been updated.

How should our financial institutions be governed? This summer the European Commission issued a Green Book asking for opinions on how to deal with the massive failure of corporate governance in banks and insurance companies. Is this an opportunity to move away from a “shareholder dominated” towards a “stakeholder” company? more

In his book on ‘European Unions’ published in 2008 Roland Erne assesses the capabilities of unions to act across borders and demonstrates how unions can contribute to the development of a more democratic European Union. In this work Erne draws on his experience as a social scientist accumulated at various European universities as on his background as a former union official in a number of European countries. His work is based on a broad spectrum of research methods, including 87 interviews with unionists, works councils and business consultants at local, national and European levels. At present Roland Erne is a lecturer in International and Comparative Employment Relations at University College Dublin. Download full review

Although Luxembourg is a small country, its economic influence within the EU is large. SEEurope network member Patrick Thill presented at the SEEurope network meeting in Romania the system of industrial relations in Luxembourg and the current dynamics of worker participation and corporate governance in this country. What are possible explanations why they are comparatively many SEs in Luxembourg? more

The purpose of this two day conference organised by the EWPCC together with Stichting À Propos and FNV (NL) is to have a debate among worker representatives in transnational companies and European Companies (SE) about how to make use of employee participation rights in decision making at strategic company level and how to push companies in a more socially responsible and sustainable direction. The financial crisis and the associated failure of theories about market discipline and shareholder capitalism create new challenges for strengthening the influence of employees and other stakeholders on transnational companies in transition. more

There are currently some 40 sectoral social dialogue committees, which have produced a wide range of joint texts and agreements. A characteristic of the sectoral social dialogue at European level is the diversity of tools used to formalise commitments made by the social partners. The list includes opinions and common positions, declarations, guidelines and codes of conduct, charters, and also framework agreements.

The factsheets provide information on the different sectors, participants and challenges, outcomes and the joint texts. The Sectoral Social Dialogue factsheets are available in English and French. Further factsheets will be added on an ongoing basis. more

Observatoire Social Européen (2010) European Sectoral Social Dialogue Factsheets. Project coordinated by Christophe Degryse.

This new publication, edited jointly by ETUI researcher Michael Stollt and Sascha Meinert from the Berlin-based Institute for Prospective Analysis (IPA), sets itself an audacious task: casting a long look forward into the future, namely the year 2030. Four alternative scenarios explore the long-term prospects and changing contexts of worker participation, in its various forms, in Europe. The stories incorporate broad developments in society, as well as the strategies and actions of people and organisations, first and foremost the actors involved in worker participation. more

The SEEUROPE experts believed that the financial crisis that flared up in autumn 2008 may have opened a window for debate in the EU member states on alternatives to a deficient corporate governance system. This was the motivation for assessing the debates at national level in Europe. As a general conclusion one can say there has been no major system transformation – either towards a full “stakeholder” model or a radicalization of the shareholder model. However, there are interesting developments in some countries which can be described as incremental steps in the direction of a stronger stakeholder orientation. Read more in the summary and details on national debates in the full report. more

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In total, 21 SEs have been added to the database in the two months since the previous update. At the time of writing, the ECDB (SE Factsheets) provides information on 622 established and 19 planned SEs. Two new and three previously registered companies were added to the ‘normal’ category. The three recently established ‘normal’ SEs were all registered in Germany and formed by conversion.
To summarise the current numbers (July 2010 figures in brackets), there are:
622 (601) established SEs, of which:

• 157 (151) normal;
• 79 (83) empty;
• 316 (290) UFO;
• 70 (77) shelf.

Find more information on SE companies in the ETUI's online European Company Database

The European Trade Union Confederation (ETUC), in reaction to the austerity measures in force in a number of European countries, is sponsoring a major European mobilisation on 29 September, with support from all its member organisations. Around 100 000 people are expected to take to the streets in Brussels and protest actions will also be held in different European countries. more

The European Commission has published a synthesis of the comments on the consultation on the results of the so-called 'Ernst and Young study' on the operation and impacts of the European Company statute (SE). Altogether, the EU Commission received 69 responses from 18 different countries and a range of backgrounds. The synthesis document and the individual responses can be found here. more

In the journal Zeggenschap, Elwin Wolters and Jan Cremers provide an overview of worker involvement in Dutch SEs. Their article 'The European Company (SE) in the Netherlands – Opportunities and risks for worker participation' analyses the consequences for worker involvement in the Netherlands in respect of specific Dutch SE characteristics, such as the high number of transfers of seats and the favourable tax regime. The article is available in Dutch. more

Hans Baumann (European Institute of Construction Labour Research) has provided us with information on the Swiss system of industrial relations, thereby further completing our section on industrial relations backgrounds in Europe. The information is currently available in German and English. more

This guide has been developed by the ETUC in order to help trade unionists and practitioners in the area of information and consultation around Europe to play an active role in this process and to make the most of the new provisions in the European Works Council Directive as amended by Directive 2009/38/EC. more

Providing support for workers' representatives in the boardrooms of European Companies (SE): A resolution of the European Trade Unions becomes reality

The European Trade Unions paved the way, at their congresses in Stockholm 1988, Prague 2003 and Seville 2007, for the fostering of board-level workers' participation in Europe. At the meeting of the European Trade Union Confederation (ETUC) Executive Committee on 15/16 October 2008 a resolution was unanimously adopted to:

• establish a European Worker Participation Fund (EWPF) located within the European Trade Union Institute (ETUI); and

• setup the European Worker Participation Competence Centre (EWPCC) as part of the ETUI, to be financially supported by the transfer of (part of) the remuneration of workers' representatives on the supervisory and administrative boards of European Companies (SEs). more

La section « Systèmes nationaux de relations professionnelles » est maintenant disponible en FRANCAIS. Veuillez-cliquez sur le drapeau au-dessus de la page.

Les relations professionnelles diffèrent largement d'un pays européen à l’autre, ce qui rend une éventuelle harmonisation extrêmement difficile. La mondialisation en cours accroît l'importance de la dimension européenne du dialogue social et de la collaboration transfrontalière des représentants des travailleurs et de leurs syndicats. Cette partie entend contribuer à une meilleure compréhension mutuelle en fournissant des informations de base sur différents aspects essentiels des systèmes nationaux de relations professionnelles.

La partie consacrée aux systèmes nationaux de relations professionnelles reprend certaines caractéristiques essentielles du fonctionnement des relations professionnelles dans chacun des PAYS et permet d’effectuer une comparaison EN EUROPE. La CARTE DES RELATIONS PROFESSIONNELLES EN EUROPE et l’OUTIL DE COMPARAISON vous donnent un premier aperçu des principales différences existant entre les pays.

Les informations disponibles sont relatives aux sujets suivants

• Syndicats
• Négociation collective
• Représentation sur le lieu de travail
• Représentation au niveau du conseil d’administration
• Représentation au niveau européen
• Santé et sécurité
• Participation financière

At the time of writing, the ECDB (SE Factsheets) provides information on 383 established of which:

• 91 normal (companies with employees and operation)
• 68 shelf (companies for selling, ‘on the shelf’)
• 183 UFO (companies presumably with operation and employees, however in general little or nothing to know about),
• 41 empty (companies with operation but without employees)

more

The cross-border merger directive was adopted by the Council of Ministers on 26 October 2005, and the EU Member States had to transpose it by 15 December 2007. The main objective is to make mergers across European borders substantially easier. The list of Frequently Asked Questions provides key information on this important piece of European legislation. The FAQ have been revised and are now also available in GERMAN. more

This time, the Newsletter includes information on the following topics: European Private Company (SPE); Commission activities with regard to executive remuneration policies; regulation of alternative investors; European Corporate Governance Forum; Advisory Group on Corporate Governance and Company Law; Study on ‘comply-or-explain’; Directive on cross-border mergers; National backgrounds; Number of SEs more

Staff representatives, shop stewards, works councillors… If actors and observers of the social dialogue sphere are familiar with information and consultation rights for workers, participation of the latter in company’s administration is much less known, especially when it has to do with workers representation on companies’ board as effective member, i.e. with a deliberative voice. Who are those workers directors? What are their duties? How do they reconcile workers defence with company’s economic goals? What policy do trade unions, which support them, have adopted regarding this kind of “soft” codetermination? more

The European Company Statute (ECS) is one of the most important pieces of legislation adopted so far by the European Union in the field of company law. Published by Peter Lang, this book provides a comprehensive analysis of the history, structure, legal basis and likely impact of the ECS, examining its evolution over some 30 years of development and its chances for integrating diverse models of corporate governance across the European Economic Area. more

Strabag was a pioneer in realising the new opportunities provided by European legislation. The SE legislation came into force on 4 October 2004 and Strabag SE was registered in Austria on 12 October 2004. In accordance with the law, an agreement on future workers’ involvement was presented to the court of registration. Although heavily criticised, at least by the German and Belgium building workers’ trade unions, SE registration was accepted. Strabag was the first major company operating cross-border in Europe – and also to a considerable extent in the new member states – which accepted the obligatory board-level representation of workers by maintaining the existing two-tier system. Today, 32 per cent of the company’s employees are in the new member states or candidate countries such as Croatia and Serbia, all of whom are covered by the agreement. Strabag SE opened up a new chapter of workers’ involvement for these workers in particular.

The paper from Eleni Patra (CIRN Athens University of Economics and Business) deals with the transposition of the European Company (SE) legislation in Greece.

Content:

1. Legal Framework in Greece

2. Reasons that triggered the transposition of the SE legislation into Greece

3. Special provisions of the Greek Law 3412/2005 concerning the SE

4. Special provisions of the Presidential Decree 91/2006 about the SE

5. Application of the SE legislation

click here for more

This time, the Newsletter includes information on the following topics: European Private Company (SPE), 14th Company Law directive; Communication from the Commission on the review of the SE Directive; Corporate Governance Forum; Number of SEs; Enforcement of the European company law.

Corporate Governance and Company Law News (November / December 2008)

The ideal language companion for anyone working in international education and trade unions. It allows an accurate and quick consultation of specialist terminology used in talks and discussions as well as within the framework of negotiations. Click here for download as pdf.

In transposing the European Company (SE) Directive, EU member states were granted quite a number of choices. These reports look at the ways in which the SE Directive has been transposed in the different member states and provide information on key aspects, such as

· Form of transposition

· Special negotiating body (SNB)

· Standard rules under the fallback procedure

· Misuse of procedures and structural change

· Position of trade unions and employers

The information was compiled by Lionel Fulton (Labour Research Department, London) for www.worker-participation.eu

The distribution and significance of employee financial participation in Europe differs significantly from one country to another. Analysis shows examples and cases of good practice concerning financial participation in all European countries, even if the political and economic preconditions vary between strong legal foundations for the active promotion of financial participation (as in France and the UK) on the one hand, and rather poor recognition of such practices at enterprise level by the social partners, on the other. For this reason a new section has been added specifically dedicated to this topic. For each country information is available comprising an overview article, basic data, the legal background, national trade union positions and further links. Additionally overview articles deal with similarities, differences and trends. The information – which was compiled by WMP consult for www.worker-participation.eu – is rounded-up by a glossary and an overview table.

This time, the Newsletter includes information on the following topics: Opinion of the Advocate General in the Cartesio case, European Private Company (SPE), Corporate Governance Advisory Group, Corporate Governance Forum, Number of SEs, Books & Articles

Corporate Governance and Company Law News (June 2008)

The cross-border merger directive was adopted by the Council of Ministers on 26 October 2005, and the EU Member States were obliged to transpose the Directive by 15 December 2007. The main objective is to make mergers across European borders substantially easier. With regard to employee board-level representation the Directive by and large refers to the mechanism used in the European Company (SE) legislation. In this section you can find information on the transposition of the 10th Company Law Directive in different EU member states.

more

Cartesio is a Hungarian limited partnership whose application for registration of the transfer of its seat to Italy was rejected by the Hungarian Court of Registration. Cartesio intended only to transfer its de facto head office to Italy, while continuing to operate under Hungarian company law.

more information

This time, the Newsletter includes information on the following topics: 14th company law directive impact assessments, European Private Company, Corporate Governance Advisory Group, Volkswagen Law after the ECJ Judgment, Number of SEs

Corporate Governance and Company Law News (March 2008)

In the last more than one month the SE database has expanded only with a few companies. Currently it provides information on 105 established companies. (35 normal, 34 UFOs,22 shelfs and 14 empty). Most of the established companies are registered in Germany (38 SEs). In addition, some data are also available on 8 planned, 3 renamed, 1 liquidated and 2 transformed companies.

SEEurope SE Factsheets (Update: January 2007)

In the last more than one month the SE database has expanded only with a few companies. Currently it provides information on 105 established companies. (35 normal, 34 UFOs,22 shelfs and 14 empty). Most of the established companies are registered in Germany (38 SEs). In addition, some data are also available on 8 planned, 3 renamed, 1 liquidated and 2 transformed companies.

SEEurope SE Factsheets (Update: November 2007)

This time, the Newsletter includes information on the following topics: New Priorities in European Company Law, Copenhagen Conference on Control-Enhancing Mechanisms in Corporate Governance, Statement of the European Corporate Governance Forum on Proportionality, Paper of the European Corporate Governance Forum Working Group on Proportionality, Cartesio case at the ECJ, running consultations, number of SEs, Books & Articles .

• Corporate Governance and Company Law News (October 2007)

The SE database currently provides information on a total of 108 companies. However, only 94 out of the 108 can be considered as established – registered – SEs (33 normal, 30 UFOs, 17 shelfs and 14 empty). Most of the established companies are registered in Germany (33 SEs). Some data are also available on 7 planned, 2 renamed, 1 liquidated and 2 transformed companies.

SEEurope SE Factsheets (Update: September 2007)

The SE database currently provides information on a total of 94 companies. However, only 78 out of the 94 can be considered as established – registered – SEs (19 normal, 29 UFO, 16 shelf and 14 empty). Some data are also available on 11 planned, 2 renamed, 1 liquidated and 2 transformed companies.

News on European Companies (SE)

This time, the Newsletter includes information on the following topics: Corporate Governance Conference Berlin, Consultation on the European Private Company, Commission reports on application of EU recommendations, Corporate Governance Forum, Shareholder Rights Directive, Simplification Initiative, ETUC-Action Plan, Number of SEs, Books & Articles.

• Corporate Governance and Company Law News

Information has been added on the industrial relations systems of the two new EU member states Romania and Bulgaria. It includes the following topics: trade unions, collective bargaining, workplace representation, board-level representation and European-level representation (EWC and SE Works Council).

• Country section: Bulgaria
• Country section: Romania

The SE Factsheets on established and planned European Companies (SEs) have been updated. The SE database currently provides information on a total of 89 companies. However, only 74 out of the 89 can be considered as established – registered – SEs (20 normal, 24 UFO, 16 shelf and 14 empty). Some data are also available on 10 planned, 2 renamed, 1 liquidated and 2 transformed companies.

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