The federal government wants to make a mandatory women’s quota for board members of large German companies. This is the central point of the draft of a Second Executive Positions Act (19/26689) submitted by her.
Specifically sees that law stipulates that in listed companies with equal co-determination and more than 2,000 employees, at least one woman and one man must be represented on executive boards with more than three members.
Sanctions if there is no target
According to the government, around 70 companies are currently affected by this regulation, 30 of which currently have no women on their boards. According to the bill, all other companies should in future have to justify why they do not set themselves the goal of appointing a woman to the board. Companies that do not specify a target for the proportion of women or do not give a reason are threatened with various sanctions and fines.
Quota of women on the management board and supervisory board
For companies with a majority shareholding by the federal government, a fixed quota of women or men of at least 30% should be set on the supervisory boards. These companies include, for example, Deutsche Bahn AG, Bundesdruckerei GmbH and Deutsche Flugsicherung. In addition, at least one woman should be represented on boards with more than two members. Also in corporations under public law such as the health insurance companies, pension and accident insurance institutions and at the Federal Employment Agency, a minimum participation of one woman in multi-person executive boards is to be introduced.
In addition, the Federal Board Composition Act is to be expanded. In future, committees with two or more members of the federal government will be subject to its regulations. Around 109 committees are to be adequately staffed with women in the future.
(German Bundestag from February 18, 2021 / Viola C. Didier, RES JURA editorial office)
Our recommendation for more in-depth research on labor law:
Owlit module “Labor Law (Otto Schmidt)”
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