Overcoming Barriers to Equality and Diversity Representation on Public, Private and Third Sector Boards in Scotland
The Employment Research Institute was commissioned by the Scottish Government to identify how barriers to equality and diversity representation at board level in public, private and third sector organisations could be overcome, particularly for women. The report outlines the findings.
Appendix One: Additional Material
Legal instruments to narrow the gender gap in corporate management boards in European and OECD countries.
Country |
Applicability |
Target for female representation |
Year to be reached |
Legal instruments |
Penalties for non-compliance |
---|---|---|---|---|---|
Austria (2011) |
Companies owned 50%+ by state. |
2 phases: 25% 35% |
2 phases: 2013 2018 |
National law to achieve quota targets for boards of state owned companies. Self-regulation: Corporate Governance Code of 2009 recommends representation of both genders in appointments to supervisory boards. |
No sanctions. |
Belgium (2011) |
Phased timing by company legal status: State-owned companies Listed companies Small and medium sized listed companies; companies with less than 50% shares listed. |
1/3 |
Phased timing by company legal status: |
Domestic legislation introduced a new article to Belgian Companies Code: |
Temporary loss of financial and non-financial benefits by board members. |
Denmark (2000) |
State-owned companies. |
30% |
Immediate |
Boards in state-owned companies should 'as far as possible' have an equal gender balance; a man and a woman nominated for every vacancy (executives and non-executives); domestic legislation obliges around 1100 of Denmark's largest companies to set voluntary targets for the proportion of the under-represented sex in the board. |
|
Finland (2004) |
State-owned companies. |
40% |
2005 |
Change to national equalities policies; corporate governance code for listed companies contains recommendation that 'boards shall consist of both sexes' (executives and non-executives). |
|
France (2011) |
Listed companies; companies with 500+ employees or turnover/asset of €50m+. |
2 phases: 20% 40% |
2 phases: 2013 2016 |
National law of 27 January 2011. Self-regulation: AFEP/Medef corporate code: recommendation containing same quotas as in the law of 2011, applicable to all board members. |
Annulment of board appointments |
Iceland (2006) |
State-owned and municipal-owned companies |
50% (or as close as possible) |
Immediate |
Amendment to national Companies Law stipulating the 40% requirement. |
|
Iceland (2010) employees. |
Public and private limited companies with 50+ |
40% |
2013 |
See above. For further information see: |
|
Ireland (2004) |
State-owned companies. |
40% |
No deadline |
No legislation. Absence of any sanctions means that it is more of an awareness raising tool than an actual quota system. |
This quota is a programme for government and does not have a legal standing. |
Israel (1993) |
State-owned companies |
30% |
No deadline |
National government legislation to enforce mandatory enforcement of quotas for state owned companies |
|
Italy (2011) . |
Listed companies; companies with public participation and state-ownership. |
2 phases: 20% 30% |
2015 |
National law introduced to ensure that public limited companies and state-owned companies have at least 33% of each gender on their boards (executives and non-executives) by 2015 (with a target of 20% for the transitional period). |
Verbal sanction by regulatory body (Consob); fine; voiding of board's actions |
Norway (2003) |
Public limited companies; state owned companies; intermunicipal companies. |
40% |
2008 |
Amendment to national Company law but had considered using Equality law |
Official warning; fines; ultimate delisting and dissolution. |
Spain (2007) |
Public limited companies with 250+ employees. |
40% |
2015 |
National law recommends gradual modification of board composition of big companies until gender balance is reached. Self-regulation: Corporate Governance Code of 2006 recommends adequate gender diversity on board. The rule is applicable to all board members (executives and non-executives). |
No penalties; incentive: potential priority status for government contracts. |
Switzerland (2006) |
State-owned companies. |
30% |
2011 |
In 2011, the Swiss House of Representatives struck down a motion for gender quotas, a move supported by The Swiss Business Federation which instead recommends voluntary targets for boards. EU quota regulations would not affect Switzerland. Switzerland close to UK and Germany in its soft approach to quotas. |
|
The Netherlands (2010) |
All companies (regardless of listing, ownership, private/public) with 250+ employees (or turnover criteria). |
30% in boards and senior management |
2016 |
National law creates an obligation for large companies to strive to achieve a gender balance (30% for each sex) in the executive board and supervisory board; 'comply or explain'; measure to expire in 2016. The rule is applicable to both executives and non-executives. Self-regulation: diversity clauses in the Dutch Corporate Governance Code of 2009, applicable to both executives and non-executives; voluntary Charter with targets for more women in management. |
No sanctions in law. Comply or explain in annual report and publish action plan to address. |
Sources: Directorate-General for Internal Policies. Policy Department C: Citizens' Rights and Constitutional Affairs. Quotas in Management Boards.
Women on Boards - Factsheet 2. Gender equality in the Member States. European Commission. Available at: http://ec.europa.eu/justice/gender-equality/files/womenonboards/factsheet-general-2_en.pdf
For an overview of gender equalities legislation in EU member states see: http://ec.europa.eu/justice/newsroom/gender-equality/news/121114_en.htm
Contact
Email: Jacqueline Rae
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