POLOŽAJ RADNIKA U POSTUPKU PREUZIMANJA DIONIČKIH DRUŠTAVA
POSITION OF WORKERS IN CORPORATE TAKEOVERS

Summary/Abstract: A takeover bid is one of the main methods of acquiring voting control in a listed company. By acquiring the voting control, the majority shareholder gains the power to influence or deter- mine corporate decisions, which can significantly affect not only the position of the sharehol- ders, but also the position of a much wider circle of stakeholders. It is not to be disputed that takeovers significantly affect workers’ positions; therefore the paper analyses the regulatory framework governing the position of workers in takeover procedures in European and Croa- tian law. The analysed solutions are compared with the solutions adopted in Slovenian and French law. While Slovenian legislation has adopted solutions that are very similar to Croa- tian, the French legislator has given greater rights to workers both in the takeover procedure and in the post-bid period. The paper also presents the results of a survey conducted on the Croatian capital market on the use of workers’ rights granted to them by the Croatian Takeo- ver Act. It is concluded that workers exercise these rights, but to an insufficient extent.

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