Women's Quota (Section 76 AktG / FüPoG II)
Gender quota for supervisory boards / management boards
TL;DR
The women's quota comprises statutory minimum quotas for women on supervisory boards (AR) and management boards. Governed by § 76 AktG (management board), § 96 AktG (supervisory board) and FüPoG II.
What is the Women's Quota (Section 76 AktG / FüPoG II)?
Statutory gender quotas for supervisory and management boards rest on national company law and are governed separately in Germany and Austria. The European requirement (Directive (EU) 2022/2381), by contrast, applies equally in both countries.
Germany
Thresholds:
- 30% supervisory board quota: listed companies with equal codetermination
- Management board: from 4 members, at least 1 woman (FüPoG II 2021)
- Where not met: the 'empty chair' rule
Austria
In Austria, a gender quota of 30% on the supervisory board has applied since 1 January 2018 (Act on Equality of Women and Men on Supervisory Boards – GFMA-G):
- 30% supervisory board quota for listed companies or undertakings with more than 1,000 employees on a permanent basis (§ 86(7) AktG; in parallel § 30 GmbHG)
- Conditions: at least 6 shareholder representatives on the supervisory board and at least 20% of each gender in the workforce
- In the event of a breach: the election or appointment is void and the seat remains vacant ('empty chair', § 86(8) AktG)
Austria has no separate statutory management-board women's quota of the kind found in the German FüPoG II.
Practical example
A DAX company with a six-member management board must have at least 1 woman. Otherwise the position remains vacant until a woman is found.