› › Exercising Voice Across Borders Workers Rights Under The Eu Cross Border Mergers Directive

Exercising Voice Across Borders

Author : Jan Cremers

Publisher :

Page : 239 pages

File Size : 14,71 MB

Release : 2019

Category : Corporation law

ISBN : 9782874525124

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Book Description

Since the passage of the 2005 EU Directive on cross-border mergers of limited liability companies, mergers between firms based in different countries have become an increasingly important form of corporate reorganisation in Europe. These mergers have great significance for workers' rights to information, consultation and participation. A new book written and edited by Jan Cremers (TLS) and Sigurt Vitols (WZB-Berlin) contains the results of a study of workers' rights to information, consultation and participation in EU and national law covering cross-border mergers. Based on an analysis of available statistics, nine national legal regimes and seven case studies, the authors argue that the provisions for workers' rights under the Directive are inadequate, both during the merger procedure and in the new post-merger entity. It remains to be seen whether the deficits identified in the study can be successfully addressed by the implementation of the EU Company Law Package, a new legislative initiative regulating different types of cross-border reorganisations.



Cross-Border Transfers of Undertakings

Author : Kirsten Henckel

Publisher : Kluwer Law International B.V.

Page : 400 pages

File Size : 47,59 MB

Release : 2016-04-24

Category : Law

ISBN : 9041192611

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Book Description

Globalization and market integration have shaped the economic climate in such a way as to give rise to a considerable increase in cross-border mergers, acquisitions and corporate restructurings. However, the primary European Union (EU) legislation in this area – the Acquired Rights Directive – brings about only partial and minimum harmonization, giving rise to differences in the employee protective regime across the EU Member States. This book, the rst full analysis of the EU-level private international law implications of the subject, masterfully addresses the plethora of questions that arise and presents well-considered and soundly based recommendations towards the introduction of a new and uniform con ict of laws path for transfers of undertakings throughout the EU. With a methodology that combines comparative, ‘black letter’, legal historical and empirical approaches, the author addresses such issues and topics as the following: – determination of applicable law both upon and after a transfer; – jurisdictional issues; – the main provisions of the Acquired Rights Directive and their content; – the main differences existing among the relevant laws of the Member States; – special characteristics of the maritime sector and seagoing workers; and – cross-border implications of Brexit. This book critically evaluates the existing rules on international jurisdiction and the con ict of laws relating to cross-border transfers of undertakings, clearly exposing the regime’s merits and demerits. Counsel representing any actor involved in a cross-border merger, acquisition, or business restructuring – transferor, transferee, or affected employees – will be well served with this exemplary account of their legal position both before and after the transfer. In addition, policymakers, legislators and interested academics will bene t greatly from the author’s clearly presented guidelines on the development of an EU-wide con ict of laws regime for transfers of undertakings.





The Sustainable Company

Author : Sigurt Vitols and Norbert Kluge

Publisher : ETUI

Page : 266 pages

File Size : 25,18 MB

Release : 2011

Category : Corporate governance

ISBN : 2874522198

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Book Description

For the past two decades corporate governance reform in Europe has been guided by the ‘shareholder value’ model of the firm. That model has been discredited as one of the major causes of the financial and economic crisis. In a new book published by the ETUI an alternative approach to corporate governance is presented by members of the GOODCORP network of researchers and trade unionists. This new approach, entitled the Sustainable Company, draws on both traditional ‘stakeholder’ models of the firm and newer concerns with sustainability. The main elements of the Sustainable Company and the institutions needed to support it are presented. Key themes in the book are the need for worker ‘voice’ in corporate governance and for a binding legislative framework to promote sustainability. Individual chapters deal with the issues of worker involvement, employee shareholding, sustainability-oriented remuneration, international framework agreements, NGO-trade union relationships, reforming financial regulation and carbon taxes and emissions-trading schemes.



Organizing Matters

Author : Guy Mundlak

Publisher : Edward Elgar Publishing

Page : 345 pages

File Size : 48,41 MB

Release : 2020-05-29

Category : Political Science

ISBN : 1839104031

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Book Description

Organizing Matters demonstrates the interplay between two distinct logics of labour’s collective action: on the one hand, workers coming together, usually at their place of work, entrusting the union to represent their interests and, on the other hand, social bargaining in which the trade union constructs labour’s interests from the top down. The book investigates the tensions and potential complementarities between the two logics through the combination of a strong theoretical framework and an extensive qualitative case study of trade union organizing and recruitment in four countries – Austria, Germany, Israel and the Netherlands. These countries still utilize social-wide bargaining but find it necessary to draw and develop strategies transposed from Anglo-American countries in response to continuously declining membership.



Violence at Work

Author : Duncan Chappell

Publisher : International Labour Organization

Page : 390 pages

File Size : 50,78 MB

Release : 2006

Category : Business & Economics

ISBN : 9789221179481

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Book Description

Violence at work, ranging from bullying and mobbing, to threats by psychologically unstable co-workers, sexual harassment and homicide, is increasing worldwide and has reached epidemic levels in some countries. This updated and revised edition looks at the full range of aggressive acts, offers new information on their occurrence and identifies occupations and situations at particular risk. It is organised in three sections: understanding violence at work; responding to violence at work; future action.



Freedom of Establishment and Private International Law for Corporations

Author : Paschalis Paschalidis

Publisher : OUP Oxford

Page : 334 pages

File Size : 45,23 MB

Release : 2012-03-29

Category : Law

ISBN : 0191638137

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Book Description

Freedom of establishment is one of the four fundamental freedoms of the European Union. The principle is that natural persons who are European Union Citizens, and legal entities formed in accordance with the law of a Member State and having its registered office, central administration or principal place of business within the EU, may take up economic activity in any Member State in a stable and continuous form regardless of nationality or mode of incorporation. This book examines the way in which EU law has influenced how national courts in Europe assert jurisdiction in cross-border corporate disputes and insolvencies, and the mechanism which allows them to decide which national law should apply to the substance of the dispute. The book also considers the potential for EU Member States to compete for devising national corporate and insolvency legislation that will attract incorporations or insolvencies. Central to the book is the concept of national choice of law. In considering the impact of freedom of establishment on private international law for corporations, the book uniquely analyses both corporate and insolvency law together, presenting the topic in the broadest possible sense. Importantly, the doctrine of abuse in corporate and insolvency law is covered, raising the question of 'forum shopping' and regulatory competition which underpins the intersection between freedom of establishment and private international law. Through examination of the most recent and leading judgments of the European Court of Justice in Centros and Cadbury Schweppes, the book derives certain conclusions as to the operation of the doctrine of abuse and the limits thereof in the context of freedom of establishment. Being the first in the field to examine the leading ECJ cases of Inspire Art, Sevic and Cartesio regarding the real seat doctrine, the book makes the judgment that there is no incompatibility as such between the doctrine and the freedom of establishment. Ultimately, the book analyses to what extent diversity in the corporate and insolvency laws of the Member States should be preserved, so as to encourage competition between jurisdictions in Europe.



Long-term investment and the Sustainable Company: a stakeholder perspective. Vol. III

Author : Sigurt Vitols

Publisher : ETUI

Page : 238 pages

File Size : 24,6 MB

Release : 2015-09-16

Category : Investments

ISBN : 2874523763

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Book Description

The onset of the Great Financial Crisis in 2007/8 has triggered a widespread debate about the causes and the social and environmental consequences of the lack of long-term investment around the world. This volume, the third in the Sustainable Company book series produced by the GOODCORP network of academic and trade union experts on corporate governance, presents a ‘stakeholder’ approach to the problem. The analysis and policy prescriptions presented here go beyond mainstream economic analysis by highlighting the need for major changes in the way resources are saved, distributed and invested in the interests of a sustainable and just economy and society. Individual chapters explore different dimensions of the problem of short-termism and possible policy responses. Key themes in this volume include the state of the debate on long-term investment in Europe, increasing worker voice in pension fund investment and implementing financial transaction taxes to discourage financial market speculation. Policy proposals beyond the mainstream include strengthening worker participation rights (including the right to non-financial information from companies) and using international investment treaties to support social and environmental standards.



Shortcomings in the EU Merger Directive

Author : G. Frederik Boulogne

Publisher : International Taxation

Page : 0 pages

File Size : 35,80 MB

Release : 2016

Category : Law

ISBN : 9789041167132

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Book Description

"The book, 'Shortcomings in the EU Merger Directive', offers solutions for dealing with issues arising out of the shortcomings in the European Union (EU) Merger Directive (adopted in 1990 with the aim of eliminating the tax obstacles to cross-border restructuring operations, while simultaneously safeguarding the financial interests of EU Member States). In spite of the amendments and the European Court of Justice?s (ECJ) interpretations of its provisions, various shortcomings remain. Most of these pitfalls exist where the Directive conflicts with higher (EU) law (the fundamental freedoms and the general principles of EU law). Now, more than twenty years later, there is a heightened interest in tax harmonisation, while drawing reference from the ECJ's significantly developed case-law in the field of direct taxation and learning from the issues that have emerged with the implementation of the Directive in the Member States." -- Publisher's website



European Labour Law and the EU Charter of Fundamental Rights

Author : Brian Bercusson

Publisher : Nomos Verlagsgesellschaft

Page : 0 pages

File Size : 41,39 MB

Release : 2006

Category : Charter of Fundamental Rights of the European Union

ISBN : 9783832921088

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Book Description

What role will the EU Charter of Fundamental Rights play in the future for labour law in the European Union Member States? How could it affect industrial relations in these states? These are crucial questions to which a group of eminent European labour law professors and researchers seek to offer some answers in their new book European Labour Law and the EU Charter of Fundamental Rights. To recall the story behind the Charter: in December 2000, this text was not enshrined as an integral part of the new EU Nice treaty, but was merely "proclaimed", to the disappointment of many, so that its legal status remained ambiguous. The draft future Treaty establishing a Constitution for Europe is clearer, insofar as it incorporates the Charter as its Part II, thereby giving it a binding character - but nobody knows whether, or when, this Treaty-Constitution will actually see the light of day and, if it does, in what shape. Yet now, as the discussions about a future EU constitution are regaining momentum, the European Court of Justice has also had its word on the role of the Charter. It has declared that "the principal aim of the Charter is to reaffirm rights" which are legally binding due to their provenance from other sources recognised by EU law (Case 540/03, European Parliament v. Council, decided 27 June 2006). The thus strengthened Charter includes core labour law and industrial relations provisions, covering matters such as freedom of association, collective bargaining and collective action, information and consultation within the undertaking, fair and just working conditions and protection in the event of unjustified dismissal. The book European Labour Law and the EU Charter of Fundamental Rights is a detailed commentary on the provisions of the Charter which guarantee these and other fundamental rights that are binding upon the EU institutions and the Member States. The commentary throws light on the potential of the EU Charter to shape the future labour law of Europe, an understanding of which is important for labour lawyers and industrial relations professionals, as well as for academics and policy makers in the Member States and in the EU institutions.