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:
2012
2016
2018

Domestic legislation introduced a new article to Belgian Companies Code:

http://goo.gl/7NEfgj

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:

http://goo.gl/JfBomv

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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