New requirements under the Executives Positions Act II

On 12 August 2021, the new German Executives Positions Act II (Führungspositionengesetz II) took effect. Its aim is to reinforce the Executives Positions Act I and to further increase the proportion of women in management positions. The key innovations now introduced by the Executives Positions Act II are (i) the requirement of a minimum gender representation amongst the management board members for certain companies and (ii) a claim to a temporary ‘time off’ for members of the board.

We have produced a briefing (which can be accessed below) summarizing the different gender quota and gender representation requirements applicable to the management bodies of German companies as introduced by the German Executives Positions Act I (which took effect in May 2015) and the new Executive Positions Act II as well as the conditions of the new right to a period of time off for members of the management board.