Negotiated Forms of Worker Involvement in the European Company (Se) -First Empirical Evidence and Conclusions**
Management Revue › Band 19 Nr. 4, Oktober 2008
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Zusammenfassung
This article analyses the negotiations on worker involvement in the first almost four years of the European Company SE and their outcomes. First, some basic institutional aspects of the SE itself and its current empirical situation are described and explained. Then, the focus is on questions of employee involvement in this new legal form. Again some main institutional provisions on employee involvement are assessed, before a detailed empirical analysis on specific issues is presented. A final appraisal based on this assessment concludes the article.
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Negotiated Forms of Worker Involvement in the European Company (Se) -First Empirical Evidence and Conclusions**
1. Introduction
The idea to create a "European" legal form for companies dates back to the early years of the European Union. It took more than 30 years before it could be finalized. The Nice Summit in 2001 passed the "Council Regulation on the Statute for a European Company" (EC/2157/2001) and the "Directive supplementing the Statute for a European Company with regard to the involvement of employees" (2001/86/EC). The European Company (Societas Europaea, SE) was created and a long-lasting stalemate, that focused on the question how the employees' interests should be guaranteed in this new legal form, was solved (for an analysis of the historical processes Gold/Schwimbersky 2008). Until autumn 2004, the Directive had to be transposed into national law and since October 2004 companies are free to choose this additional legal form; of course, national ones continue to exist.Meanwhile, quite a few companies have already chosen the SE as "their" legal form. In this article, we will have a closer look on these first cases and especially on the processes of the negotiated forms of employee involvement. First of all, we describe and briefly discuss some basic institutional aspects of the SE itself and elaborate on the present empirical situation. This new legal form gains gradually in importance, especially in specific member states and for companies with certain characteristics. Then, we will come to our focus, the question of employee involvement. Again we first describe some main institutional provisions on employee involvement before we present our detailed empirical analysis. Some virulent problems are, probably not surprisingly, already laid down in these institutional preconditions. Finally, we come to an appraisal based on our assessment.Th...Siehe den Gesamtinhalt dieses Dokumentes
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