Law for more women on boards Which companies now have to act
Status: 11.06.2021 3:55 p.m.
In future, women must be given greater consideration when filling executive board positions: the Bundestag has passed the “second management positions law”. What are the rules now? And how many companies does this affect?
What was decided?
The new minimum number of women on executive boards applies to listed companies with equal co-determination and more than 2,000 employees. In future, you must have at least one woman on the board if it has more than three members. The minimum participation only applies when a new position is filled. “An appointment of a board member in violation of this participation requirement is void,” says the law. There are stricter rules for companies with a majority shareholding by the federal government: In general, if there are more than two members of the management team, there should be at least one woman. This applies to Deutsche Bahn AG or German air traffic control, for example. In addition, the fixed minimum quota for the Supervisory Board is to apply, which is 30 percent.
Equal rights at management level “Women must find joy in competition” In 2011, too, there were hardly any women on top boards in large companies.
Other listed or co-determined companies that do not fall under the requirement should in future have to justify if they plan for the board of directors without women. If this does not happen, there is a risk of fines. With the law, the reporting obligations for companies are tightened accordingly. However, the Federal Council still has to approve the law.
How many women sit on company boards?
More than half of the large listed companies in Germany have no women on their boards, as a study by the Women in Supervisory Boards Initiative (FidAR) shows. The 160 groups in the stock market indices DAX, MDAX and SDAX as well as the 26 companies listed on the stock exchange with equal co-determination (as of March 22nd) were evaluated.
Study shows low proportion of women Men stay to themselves in executive floors A new study confirms it again: women are still a rarity in German executive floors.
Accordingly, in 103 of 186 corporations examined, not a single woman sits in the boardroom. At the same time, the average proportion of women on executive boards rose to 13 percent compared to the previous year, which corresponds to a plus of 2.3 percent. In the 200 companies with the highest turnover in Germany, the proportion of women on executive boards is 11.5 percent, as a study by the German Institute for Economic Research (DIW Berlin) shows. In the past year, the proportion of women on supervisory boards in the currently 106 companies that are subject to the mandatory women’s quota was an average of 35.9 percent.
Which companies need to improve?
According to the FidAR study, the number of companies that would be affected by the law passed today is 66. Of these, 25 had no women on the board of directors as of the reporting date. This also applies to the engine manufacturer MTU and HeidelbergCement, two companies from the DAX. The situation will soon change at the building materials company. At the end of May, HeidelbergCement announced that Nicola Kimm will take over the newly created position of Chief Sustainability Officer from September 1st. She is then responsible for the issues of sustainability and new technologies.
End of the coalition dispute Agreement on women’s quota for board members The women’s quota for board members is to be passed by the Bundestag before the summer break.
The course has also been set at MTU: The company has formulated the goal of a women’s quota on the Executive Board of 25 percent by 2022. The Executive Board is currently made up of four men. According to the study, Knorr-Bremse was also one of the companies that would have to make improvements. That has now happened: Claudia Mayfeld has been in charge of the newly created Executive Board department for Integrity and Law since May 1, 2021. According to the authors of the study, Adidas, Bayer, Eon, Infineon, Fielmann and Südzucker have each appointed women to their boards since the bill was announced.
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