HR Signal: The EU Whistleblowing Directive

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Trade Unions: An inter-company trade union? All involved employers should participate in the proceedings


It is common for employers to participate in the proceedings to determine the number of trade union members. It stems from the fact that the outcome of the proceedings affects the rights and obligations of the employer. The size of the trade union determines its specific rights (e.g. representativeness, exemption from the obligation to provide work, special employment protection, etc.) and the employer’s corresponding obligations.

Consequently, if the proceedings concern an inter-company organisation covering more than one employer, the court should summon all these employers to participate in the case as interested parties.