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12 AGORA Int'l J. Jurid. Sci. 1 (2018)

handle is hein.journals/agoraijjs2018 and id is 1 raw text is: AGORA International Journal of Juridical Sciences, http://univagora.ro/jour/index.vhp/aijjs ISSN 1843-570X, E-ISSN 2067-7677 No. 1 (2018), pp. 01-10 EMPLOYEES PARTICIPATION RIGHTS - THE TRANSPOSITION OF THE ARTICLE 16 OF DIRECTIVE 2005/56/CE ON CROSS-BORDER MERGER IN THE MEMBER STATES F. Bejan PhD Felicia Bejan Faculty of Political Sciences University of Bucharest, Bucharest, Romania *Correspondence: Felicia Bejan, Faculty of Political Sciences, 59 Calea Plevnei, Bucharest, Romania E-mail: felicia.bejan@fspub.unibuc.ro ABSTRACT The participation right of employees to the administration and supervision of companies is an aspect that may have a significant influence on the profile of a cross-border merger. In European Law, this right is protected through article no. 16 of the Directive 2005/56/EC on cross-border mergers, completed with Regulation(EC) 2157/2001 in the Statute for a European company and with Directive 2001/86/EC supplementing the Statute for a European company with regard to the involvement of employee. The current study aims to offer an analysis of the transposition of the Article 16 of Directive 2005/56/CE on cross- border merger in the national laws of some Member States and to underline the differences between the legal regimes in these legal systems. The research is of interest in the domain, whereas the level of employee participation in different states and a comparative perspective are criteria taken into consideration in the make-decision process regarding the country where the resulting company from a cross-border merger shall set up its headquarter. KEYWORDS: employee participation rights, cross-border merger, special negotiating body, management and supervision bodies, agreements on employees involvement, employee influence. INTRODUCTION. Company reorganization through cross-border merger has legal effects on the employee rights. The most well-known rights are those regarding the safeguarding of the employee rights established in their individual and collective labor contracts, which benefit of a special legal protection through the Directive 2001/23/EC, transposed into national legal system by the Member States Other rights that may be affected by such reorganization are less addressed in our juridical literature2 and refers to the employee participation rights in the administration and I Regarding the employee protection in the case of company transfer through merger, see I.T. Stefanescu, Theoretical and practical treaty, Bucharest, Universul Juridic Publishing House, 2012, p 466-474; 0. Tinca, Critical observation to Law 67/2006 regarding the employees' rights protection in the event of transfer of undertakings, businesses, or part of undertakings or businesses, Law Review, no 2/2007, pp 62-73, A.Uluitu, The employee rights in case of transfers of undertakings, businesses or parts of undertakings, Romanian Journal for Labor Law number 1/2006, pp 28-35 F. Bejan Mergers' implication for employees under Romanian law , AGORA International Journal of Juridical Sciences, no. 3/2013, p.6-13.F.Bejan, Legal aspects of the transposition of the Directive 2001/23/EC regarding the safeguarding of employees rights in the event of transfer in the Romanian Law, Lex Scientia Lesij, Number XX, volume 1/2013, pp 16-23. 2 Regarding the employee participation rights, see B. Keller, The European Company statute-employee involvement-and beyond, Industrial Relations Journal, Vol. 33, pp. 424-445; F.Bejan, European Union Rules on employee participation right within the framework of cross-bordee merger, Advances in fiscal, poiitical and 1

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