Représentation au niveau du conseil d’administration / de surveillance
Employee representatives make up one third of the members of the supervisory board in companies with more than 200 employees. But new legislation, passed in 2006, allows single tier boards for the first time, and here employee rights are much weaker.
In companies with a two tier board system – both a supervisory and a management board – the works council has the right to nominate one third of the members of the supervisory board in companies with more than 200 employees. The one exception, introduced through new legislation, passed in 2006, is where there is an agreement between the works council and management to the contrary. Before making the nomination the works council must pay attention to the views of the unions in the company. The supervisory board is responsible for the general direction of the company, while the day-to-day business is in the hands of the management board. (In practice most supervisory boards only meet rarely.) However, the 2006 legislation leaves the procedures of both the supervisory and management board to companies themselves to regulate. Previously there was more detailed legislative regulation.
In companies with a single tier board system – just a board of directors – employee participation at board level must be regulated by an agreement between the works council and the company. This is a new development – before the 2006 legislation only two tier board structures were possible – and it represents a potential weakening of employee representation at board level, as there are no minimum requirements.
