Existing employee involvement rightsN.I.
39.—(1) Nothing in these Regulations affects involvement rights of employees of an SE [F1or a UK Societas, or their] subsidiaries or establishments provided for by law or practice in the [F2Relevant State] in which they were employed immediately prior to the registration of the SE [F3(including an SE which converted to a UK Societas on IP completion day)].
(2) Paragraph (1) does not apply to rights to participation.
[F4(2A) In this regulation “participation” means the influence of the representative body and the employees' representatives in the SE or the UK Societas by way of the right to—
(a)elect or appoint some of the members of the SE or the UK Societas's supervisory or administrative organ, or
(b)recommend or oppose the appointment of some or all of the members of the SE or the UK Societas's supervisory or administrative organ.]
Textual Amendments
F1Words in reg. 39(1) substituted (31.12.2020) by The European Public Limited-Liability Company (Amendment etc.) (EU Exit) Regulations 2018 (S.I. 2018/1298), regs. 1, 81(a)(i) (with regs. 153-159A) (as amended by S.I. 2019/685, Sch. 3 paras. 16, 17 and S.I. 2020/523, regs. 1(2), 5(k)-(n)); 2020 c. 1, Sch. 5 para. 1(1)
F2Words in reg. 39(1) substituted (31.12.2020) by The European Public Limited-Liability Company (Amendment etc.) (EU Exit) Regulations 2018 (S.I. 2018/1298), regs. 1, 81(a)(ii) (with regs. 153-159A) (as amended by S.I. 2019/685, Sch. 3 paras. 16, 17 and S.I. 2020/523, regs. 1(2), 5(k)-(n)); 2020 c. 1, Sch. 5 para. 1(1)
F3Words in reg. 39(1) inserted (31.12.2020) by The European Public Limited-Liability Company (Amendment etc.) (EU Exit) Regulations 2018 (S.I. 2018/1298), regs. 1, 81(a)(iii) (with regs. 153-159A) (as amended by S.I. 2019/685, Sch. 3 paras. 16, 17 and S.I. 2020/523, regs. 1(2), 3, 5(k)-(n)); 2020 c. 1, Sch. 5 para. 1(1)
F4Reg. 39(2A) inserted (31.12.2020) by The European Public Limited-Liability Company (Amendment etc.) (EU Exit) Regulations 2018 (S.I. 2018/1298), regs. 1, 81(b) (with regs. 153-159A) (as amended by S.I. 2019/685, Sch. 3 paras. 16, 17 and S.I. 2020/523, regs. 1(2), 5(k)-(n)); 2020 c. 1, Sch. 5 para. 1(1)