Employee representation on supervisory boards is distinct from works council participation. Company form, workforce figures and group attribution can affect the applicable regime.
Corporate structure and employee numbers
Identify the legal form, group structure and employee figures relevant to the particular statute. The German One-Third Participation Act and Co-Determination Act have different scopes and thresholds. Whether employees of another group company are attributed depends on the applicable rules; neither a worldwide total nor an isolated company figure is automatically correct.
Growth, acquisitions and changes of legal form should trigger a timely review of supervisory-board composition. Election procedures, terms of office and the interaction of corporate bodies also matter. A European Company (SE) has its own employee-involvement framework. Formation or conversion should not be treated as an automatic means of removing participation. Disputes about the correct board composition may require a corporate status procedure.
Documents and next steps
Prepare group charts, company documents, reliable employee figures and information about the existing supervisory board. Board-level representation and works council participation are distinct: one body does not replace the other, and a works agreement does not determine the statutory composition of the supervisory board.
Four practical examples
These illustrative situations highlight the issues to examine. The outcome depends on the agreement and the facts that can be established.
Example 1
A company approaches a workforce threshold. Review counting rules and the relevant corporate structure.
Example 2
A group acquires another business. Assess whether attribution changes representation requirements.
Example 3
A business converts its legal form. Include employee participation in the transaction planning.
Example 4
An international structure is reorganised. Review German and cross-border rules before assuming representation disappears.
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Deutsch · Reviewed on 13 November 2026.