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What can be the result of the negotiations?

There are three possible scenarios:

  • (1) The special negotiating body (SNB) decides not to open or to terminate negotiations. In this case, the national rules on information and consultation of employees enter into force and there will only be a European Works Council (Art. 13 I). This option is not possible in the case of a transformation into an SE (Art. 3 VI Dir).
  • (2) The SNB and the competent organs of the participating companies conclude an agreement according to Art. 4 Directive on the involvement of employees in the SE. The partners have in principle autonomy with regard to the content of the agreement
  • (3) The SNB and the competent organs of the participating companies fail to come to an agreement within the time-frame or agree voluntarily on the application of the standard rules (Art. 7 I Dir).

(> voting majorities)

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