This dissertation was written for the purpose of fulfilling the academic requirements of
my Master of Laws program in Transnational and European commercial law, Banking
Law, Arbitration/Mediation at the International Hellenic University.
This dissertation will examine the ways in which mergers result in the creation of
stronger and more prosperous entities, albeit they can often be incredibly intimidating
for employees and are not free from disadvantages. It will further consider how
mergers could potentially cause an increase in the liabilities of the merging companies.
Also, the fact that the creditors of the merging entities do not have a veto right against
a merger creates a need for a specific protection mechanism for the creditors. A
merger may also negatively affect the employees of the merging entities, especially
those of the absorbed company. The merging employers often have to do some
sheathing in staffing, particularly within human resources, finance and accounting
departments. In some cases, entire departments or divisions are made redundant.
Mergers have been historically linked to massive layoffs.
Further to the above, this dissertation will also touch upon how“ over-protection” may
defeat the purpose of a merger therefore it will become apparent that a fairly
balanced protection mechanism is essential it goes without saying that in every
institution, employment law related issues are bound to arise. This dissertation will
study the rights and obligations arising between the employer and its employees and
consider how employees could continue to participate in the board of companies after
the cross – border merger.
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