Special negotiations team as a temporary participating entity in the Act on companies established as a result of cross-border transformation, merger or division

Abstract

The article is devoted to the analysis of the legal status of a special negotiations team as a temporary participating entity in the Act on companies established as a result of cross-border transformation, merger or division.The article uses the legal dogmatic method.Based on the directive of contractual freedom, I am of the opinion that there are no legal barriers that might prevent the parties from including other important issues in the agreement, for example those related to the legal mechanisms of maintaining the negotiations confidential. The special negotiations team may also include in the agreement a consent for limiting the employees’ participation rights in a company created as a result of trans-border transformation, merger or division of companies.The special negotiations team as an entity of a participatory nature has a temporary status, because its main task is to enter in the participatory agreement with the competent body of the company. Upon concluding the agreement, the team is dissolved ex lege.