Arrangements for employee representation at board level in the 27 EU countries plus Norway can be divided into three groups. There is a group of 10 countries where there is no Board-level Employee Representation and a further group of six, where Board-level Employee Representation is limited to state-owned or privatised companies. However, the biggest group of 13 states provides for employees to be represented on the boards of private companies, once they have reached a certain size. These thresholds vary greatly as do other elements of the national arrangements.

A majority of the 27 states of the EU plus Norway provide for employee representation at board level although, in some, this is limited to companies owned in whole or part by the state or privatised companies. There are only 10 countries without legislation or other agreed arrangements providing for Board-level Employee Representation. These are: Belgium, Bulgaria, Cyprus, Estonia, Italy, Latvia, Lithuania, Malta, Romania and the United Kingdom. This does not mean that there are absolutely no employee representatives at board level in these countries. However, these are individual rather than generalised arrangements.

In a further six countries, Board-level Employee Representation is limited to some state-owned or municipally-owned companies. These are: Czechia, Greece, Ireland, Poland (where companies in the process of being privatised are also covered), Portugal and Spain. This leaves 13 countries, the largest group, where Board-level Employee Representation extends to private companies. The countries in this group are: Austria, Croatia, Denmark, Finland, France, Germany, Hungary, Luxembourg, the Netherlands, Norway, Slovakia, Slovenia, and Sweden. The thresholds for representation range from 25 employees in Sweden to 1,000 in France.

As well as the thresholds, there are differences in the proportion of board seats taken by employee representatives, ranging from one in 12, in large private sector companies in France, and one out of an undefined number in Croatia, to a half, in some companies in Germany and Slovenia. These arrangements can also vary, depending on whether the companies are privately- or publicly-owned.

In some countries, such as Austria, Germany and Slovakia, the employee representatives take their seats on the supervisory board. In others, as in Norway or Sweden, where there is a single-tier board structure, they sit on the board of directors. In a third group, which includes Croatia, France and Slovenia, companies have a choice of structures. Here, employee representatives sit on the supervisory board where it exists; otherwise, they sit on the board of directors. In Finland, representation can be at the supervisory board level, in a single-tier board or at operating level.

These differences are examined at greater length is the country sections, as well as other variations. These include the limits on the powers of employee members (e.g. in Denmark, Finland and Sweden, they cannot deal with collective bargaining issues), and the arrangements for their appointments (in the Netherlands, neither employees nor those who bargain with the company are eligible, while the German rules specifically provide for the election of external union officials in the case of larger companies).

Key changes have been the introduction of obligatory Board-level Employee Representation in large private sector companies in France in 2013, and the removal of this obligation in the Czechia (as the Czech Republic) in 2014.

Table: Countries and Board-level Employee Representation Forms

CountryType of companies coveredExtent of representation
AustriaFrom 300 employees (limited companies); no employee threshold for public limited companiesA third of supervisory board
BelgiumNo general board level representation, but a very small number of publicly-owned companies have employee representatives at board level.
BulgariaNo board level representation but employees have some right to be heard at shareholders’ general meetings
CroatiaFrom 200 employees (limited companies); no employee threshold for public limited companiesOne member of the board
CyprusNo statutory board level representation
Czech RepublicState-owned companies and currently private companies from 50 employees. However, the obligation for private companies will end in January 2014A third of supervisory board (can be increased to half voluntarily)
DenmarkFrom 35 employeesBetween two members and one third of board
EstoniaNo board level representation
FinlandFrom 150 employeesDefined by agreement, otherwise, a fifth of members of board or other decision making body
FrancePrivate companies with 1,000 or more employees in France (5,000 worldwide), plus state-owned companies.At least one or two board members in private companies with 1,000 or more employees in France (or 5,000 or more worldwide); a third of board in state-owned companies
GermanyFrom 500 employeesA third of supervisory board in companies with more than 500; half in companies with more than 2,000; special arrangements including management board member in coal, iron and steel companies
GreeceState-owned companiesOne board member
HungaryFrom 200 employeesA third of members on supervisory board (fewer rights in single tier board system)
IrelandState-owned companiesA third of board (less in some smaller companies)
ItalyNo board level representation
LatviaNo board level representation
LithuaniaNo board level representation
LuxembourgFrom 1,000 employees or with state involvementA third of board in companies with 1,000 plus employees, up to a third in others
MaltaNo board level representation other than in companies owned by the union or Labour Party
NetherlandsFrom 100 employeesUp to a third of the board
NorwayFrom 30 employeesOne director in companies with 30 to 50 employees; one third of the seats in companies with more than 50, with the possibility of an extra seat in companies with more than 200
PolandState-owned companies and companies in the process of being privatisedA workers’ council has substantial powers in state-owned companies; in companies in the process of being privatised, employees have between 40% and about a third of seats on supervisory board and a seat on management board
PortugalState-owned companiesRight to be present in constitution and in legislation but rarely realised and only have consultative role
RomaniaNo board level representation but unions can be invited to meetings of the board to discuss specific issues
SlovakiaState-owned companies and private sector companies from 50 employeesHalf supervisory board in state-owned companies; a third in private sector (can be increased to half voluntarily)
SloveniaCompanies with supervisory board; and companies with single tier board from 50 employeesBetween a third and a half of seats in companies with supervisory board plus management board member if more than 500 employees; around a third in companies with single tier board
SpainSome state-owned companiesTwo board members
SwedenFrom 25 employeesAround a third of single tier board
United KingdomNo board level representation