Einde inhoudsopgave
Female representation at the corporate top (IVOR nr. 126) 2022/3.2.4.1
3.2.4.1 Figures
dr. mr. R.A. van ’t Foort-Diepeveen, datum 13-05-2022
- Datum
13-05-2022
- Auteur
dr. mr. R.A. van ’t Foort-Diepeveen
- JCDI
JCDI:ADS659176:1
- Vakgebied(en)
Ondernemingsrecht (V)
Ondernemingsrecht / Corporate governance
Voetnoten
Voetnoten
The Belgian Institute for the Equality of Women and Men is created in 2002 and is ‘a Belgian federal institution’. See Institute for the Equality of Women and Men, ‘The Institute’, n.d., https://igvm-iefh.belgium.be/nl. The Institute monitors the effectiveness of the quota legislation in terms of progress.
These figures only include companies with a one-tier board as, by that time, a two-tier board was not provided for by the law.
Table 3.1 is composed by the author on the basis of the information published in the reports of the Institute. The source of the figures is: Instituut voor de Gelijkheid van Vrouwen en Mannen, De derde balans van de Wet van 28 juli 2011 over genderquota in raden van bestuur, 2019, p. 8-9.
These numbers also include the state-owned companies and the National lottery to which the quota also applies. For the sake of comparison, in 2017, out of the 115 companies in the study, 109 companies were listed companies.
Instituut voor de Gelijkheid van Vrouwen en Mannen, De derde balans van de Wet van 28 juli 2011 over genderquota in raden van bestuur, 2019, p. 9-10.
Instituut voor de Gelijkheid van Vrouwen en Mannen, De derde balans van de Wet van 28 juli 2011 over genderquota in raden van bestuur, 2019, p. 21-22.
Mooijman, De Standaard 5 February 2021.
M. Sephina & T. Roelens, ‘Weinig diversiteit in bestuurskamers van beursgenoteerd Brussel’, De Tijd 26 June 2020; ‘Een op de drie leden raad van bestuur beursgenoteerde bedrijven is vrouw’, HLN 26 June 2020.
The State Secretary indicated that she wants to give an assignment to the Institute to make a new progress report. Mooijman, De Standaard 5 February 2021.
EIGE, ‘Women and men in decision making. Indicator: Largest listed companies: CEOs, Executives and Non-executives’, 2020b, eige.europa.eu.
Art. 6 of the law of 28 July 2011. See also Boschma et al., Evaluatie Wet bestuur en toezicht, 2018a, p. 485.
The Belgian Institute for the Equality of Women and Men (Instituut voor de Gelijkheid van Vrouwen en Mannen)1 (Institute) has been monitoring the progress in increasing the number of women on the boards of Belgian listed companies with a view to analyzing the results of the quota legislation. In 2019, their third study was published. Table 3.1 shows the percentages of women on the management boards2 of (listed) companies for the years up to and including 2017.3
Table 3.1 Percentages of women on management boards of Belgian (listed) companies
Year
2008
2012
2014
2016
2017
Percentage of women on management boards of listed companies
7,2%
11,9%
15,8%
21,1%
26,3%
Percentage of all companies (listed companies, state-owned companies and the National Lottery) that complied with the 30 percent quota requirement in their management boards4
9,7%
13,6%
21,0%
38,7%
66,1%
The report of the Institute shows that in 2017, 64.2 percent of the listed companies complied with the quota legislation (slightly lower than the 66.1 percent that also takes Belgium’s five state-owned companies and the National Lottery into account, see Table 3.1), whereas 35.8 percent did not. Of the large, listed companies (that had to comply with the quota in 2017), 31 percent did not comply with the legislation, whereas of the small, listed companies (that had until 2019 to comply with the quota), 44.7 percent did not comply.5 The large, listed companies that did not comply with the legislation in 2017 were asked for their reasons for non-compliance. Most of these companies seem to have had legitimate reasons for not yet being able to comply: (1) they did not fulfil the requirement that the value of the freely marketable shares is less than 50 percent of the total share value and had, therefore, to be treated as small companies; or (2) due to a later initial public offering the quota applied to them at a later moment. Only three listed companies (4.2 percent of the total number of companies) failed to provide any explanation whatsoever and did, therefore, not comply with the legislation.6 There is no known example in which sanctions were imposed.7
The Institute has not published any figures after 2017. However, in 2020 it was announced in the newspapers that one-third of the management board members in Belgian companies in 2020 were women.8 The State Secretary of Gender Equality, Equal Opportunities and Diversity (Gendergelijkheid, Gelijke Kansen en Diversiteit) (State Secretary) indicated that a new progress report will be drafted in the summer of 2021.9 More updated figures can be found in other databases, for instance in the database of the European Institute for Gender Equality (EIGE),10 but it is hard to compare figures from different databases because databases differ in terms of scope. The legislation will be evaluated in 2023, twelve years after its entry into force.11