Spain: analysis of the law on workers’ involvement in the European company

The implementation of a special negotiation group. Where the management or administrative organs of the participating companies in the establishing of an SE intend to register it in Spain, they will have a maximum of 45 days after publishing the draft terms or plan before they take the necessary steps to start negotiations with the representatives of the companies’ employees. The steps include providing information about the identity of the participating companies, concerned subsidiaries and establishments, the number of their employees, and the proposed registered office. Besides, information on the system of employees’ participation must be given in the case where such a system should exist in any of the participating companies.
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s in both the European Companies and the European Cooperative Societies (SCE) (hereinafter, the Act), thus transposing at the same time Council Directives 2001/86 and 2003/72. Here we will focus mainly on the provisions of the Act concerning the SE, but as the Act declares, most of those provisions concerning the SE are applicable mutatis mutandis to the SCE.

The Act affects primarily the SE whose registered office is located in Spain (Title I of the Act; articles 3 to 26), but also other SE’s i

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