What's new on WORKER-PARTICIPATION.EU?

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

In total, 58 SEs have been added to the database in the past three months. At the time of writing, the ECDB (SE Factsheets) provides information on 601 established and 19 planned SEs. (At least) 151 companies or so are considered ‘normal SEs in the sense that they have both employees and business activities. 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

The updated country reports are now also available in German. Moreover, information on Norway is now available more

The European Worker Participation Competence Centre (EWPCC) of the ETUI has begun a series of seminars designed to examine, in particular, the qualification requirements of board members representing the workforce of European (SE) and other Transnational Companies. On 2 and 3.6.2010 twenty board members serving as "non-executive directors" in 13 companies came to Brussels to receive information about recent developments in European Company Law and European Corporate Governance by the EU Commission and the European Parliament, as well as by European academic experts. Earlier seminars concerned important practical topics like information policy of worker representatives or subjects suitable for taking own initiatives, such as the "Sustainable company" against the background of climate change. more

The debate on the Ernst&Young study, initiated by the European Commission on 26 May 2010 with around 120 participants, has not confirmed the Study's findings related to the role of workers’ participation as a ‘negative driver’, particularly detrimental to the attractiveness of this European company form. The SE study is the point of departure for the review of the SE Regulation. 2001/2157/EC. The Study’s sweeping conclusions were revised and subjected to detailed examination in particular via the contributions of practitioners, from both the employers’ and the employees’ sides. A comment on the conference by Dr Norbert Kluge, coordinator of the European Worker participation Competence Centre (EWPCC) at the European Trade Union Institute (ETUI), Brussels. more

The European Commission has started the review of the European Company Statute as foreseen in Art. 69 SE of the SE Regulation. In our new section we follow-up the discussions and proposals with regard to a possible revision of the SE legislation. more

In this context, the Commission has launched a public consultation on the results of the Study on the operation and the impacts of the Statute for a European Company (SE). The deadline for responses was 23 May 2010. The ETUI's reply can be found here.

Available in English, French and German more

Andrew Watt and Andreas Botsch (eds.) After the crisis: towards a sustainable growth model

The devastating economic and financial crisis has revealed the limitations of financial capitalism and opened up a window of opportunity to propose and implement progressive reforms. Against this background the European Trade Union Institute has brought together critical and progressive academics and researchers from Europe and the United States to help launch a debate on setting an agenda for a reformed capitalism ‘after the crisis’. A total of 39 contributors provide concise, policy-oriented proposals, each one focusing on a specific area of relevance to a post-crisis world. more

Philippe Pochet, Maarten Keune and David Natali (eds.) After the euro and enlargement: social pacts in the EU

The participation of social partners in the management of socio-economic policies has been a stable feature of European politics in recent decades, having been defined as one of the key aspects of the European Social Model. Yet the role of concertation has changed during different cycles. This book aims to shed light on the most recent wave of social pacts in the last decade in western and eastern EU countries. In the context of recent socio-economic and political challenges (globalisation, changing economic context, labour market transformation, and the full implementation of EMU), 11 country chapters summarise the recent evolution of social pacts across the Eurozone and in New EU member states. more

The updated country reports are now also available in French. The German version will follow soon. more

New slides available! Prepared prepared on the basis of information gathered within the EWC database of the ETUI. more

by Sergio González Begega and Holm-Detlev Köhle. Download here (pdf).

Lionel Fulton (Labour Research Department, UK) has updated for our website the overview article on national industrial relations in Europe. It provides key information on trade unions, collective bargaining, workplace representation, board-level representation and European structures of interest representation. The update will soon also be available in DE and FR language. more

Since introduction of the European Company Statute or Societas Europaea (SE) in October 2004, the number of European Companies has increased steadily, year by year, at almost exponential rates of growth. In February 2010, the ETUI’s “SE database“ exceeded, for the first time, the total of 500 active SEs. This rather impressive total should, however, not blind observers to the fact that many SEs do not conform to the standard definition, for they are, in their overwhelming majority, SEs without any employees (‘empty SEs’) and/or without even a specific business purpose (‘shelf SEs’). Only roughly one quarter of the total number of SEs are today considered “normal SEs” in the sense that they have both employees and business activities. more

The slides provide a visual overview of the current state of SE foundations in Europe. more

This time the newsletter includes information on: European Private Company (SPE); consultation on the interconnection of business registers; Corporate Governance Forum; Study on‘comply-or-explain’; Directive relaxing reporting and documentation requirements. more

During the last 15 years, research on European Works Councils has revealed significant information concerning the structure, dynamics and ability of EWCs to represent employees’ interests. A multitude of factors and conditions influencing the work and results of EWC activity have been identified. Until now, however, there has been little systematic theorising about EWCs and their specific character as ‘interest organisations within profit organisations’ and the specific relationship or ‘organisational fit’ between each entity. 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

Researchers at the ETUI have developed a new tool called the European Participation Index (EPI) designed to examine the relationship between worker participation and social cohesion, economic performance and sustainable development in Europe. The Indicator shows how worker participation helps achieve the political objectives of the Lisbon Agenda. Published as part of this year’s ETUC/ETUI Benchmarking Working Europe report, the Index shows that countries with stronger participation rights have performed better along a range of key Lisbon Strategy indicators than countries with weaker participation rights. These key indicators include labour productivity, overall employment rates, expenditure on research and development and sustainable development. more

A selection of frequently asked questions on the revised European Works Councils Directive. Available in English and German. 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. more

This is the expected effect of the agreement on workers’ involvement in the future MAN SE, one of the leading manufacturers of commercial vehicles, engines and mechanical engineering equipment, concluded in February 2009. Around 49,000 MAN employees in Europe will henceforth have the opportunity to oversee management decisions through their representatives in MAN SE’s supervisory Board, whose composition is based on parity of workers and shareholders’ representatives, something that previously only German employees enjoyed. Initially, four German representatives and one each from Austria and Poland have been appointed to represent the European workforce in MAN SE’s highest-level monitoring body. more

Employees from GFK, a Germany market research "knowledge based" type company, are to enjoy the benefits of increased employee board-level representation following the decision by the German based company to organise itself under the European company statute. The company currently employs 6,500 workers across 23 European countries and hitherto has not had an established works council of trade union representation. The agreement was reached with the assistance of the European Trade Union Institute. 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

The European commission could look into setting up a European Company (SE) monitoring service in order to better understand their creation and development. During a recent ETUI book launch ("the European Company Statute - a new approach to corporate governance" ) Senior ETUI Researcher Norbert Kluge suggested that a greater understanding of European companies and how legislation surrounding them is actually applied on the ground is now required. 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 conflict concerning the SE agreement was resolved by renegotiation in 2006, triggered by the major acquisition of a German building company, which increased the number of employees from around 33,000 to around 53,000. This was regarded as a structural change requiring renegotiation of the agreement. Now, three out of eight members of the supervisory board are workers’ representatives, for the time being all from Austria. It has been agreed to maintain the workers’ board-level presence also in the case of a structural change of company governance from a two-tier to a one-tier system. more

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

MAN affiliate MAN Diesel SE, founded in August 2006, made history as the first SE. As a result of this, German codetermination was spread to other EU member states: on the SE supervisory board the German workforce representatives now share the 50 per cent of the seats formerly reserved for them in accordance with German codetermination law with their colleagues from Denmark. No less important, the SE works council is now much more European than the previous European Works Council. This Europeanisation of interest representation to the highest achievable extent is well in line with the objectives of the European Metal Workers Federation (EMF). 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 ETUI has published its latest update of data outlining the number of established European Companies (SEs) across the EU. The data shows that over the last few months the total number of SEs has risen from 182 (June 2008) to 284 (October 2008). While the number of “normal SEs” i.e. SEs with a clear business purpose and containing employees has risen to 58 (+17) the number of “UFO SEs” i.e. SEs for which no clear business purpose is indicated and where the number of employees is unclear has more than doubled 118 (+67). more

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.

 News on European Companies (SE) – June 2007

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