Yvonne Frederiksen March 8 2023 Gender composition of management – updated guidelines for employers Norrbom Vinding | Employment & Immigration - Denmark Yvonne Frederiksen Employment & Immigration IntroductionTarget figures and policies for other levels of managementBusiness Authority's updated guidelines IntroductionBased on a political wish to promote a more equal gender distribution in management and create more transparency about initiatives relating to the underrepresented gender, Parliament adopted a bill in Spring 2022. The amendment strengthens the current rules and introduces a number of new initiatives for large employers. It entered into force on 1 January 2023.Based on the amendment, the Business Authority has now published updated guidelines on target figures and policies for the gender composition of management and for reporting on this issue. The guidelines are an important tool in employers' work with target figures and policies for the gender composition of management.Target figures and policies for other levels of management Under the previous rules, large employers had to set target figures for the proportion of the underrepresented gender in the top management body (ie, the board of directors) of the company and establish a policy to promote the underrepresented gender at other management levels.With the amendment, target figures must now also be set for the other management levels if the employer had an average of 50 or more full-time employees in the previous financial year. The amendment clarifies that the other management levels consist of the two management levels below the top management body: the first level will usually be the executive board and the second level will be individuals with personnel responsibilities reporting directly to the first level of management (ie, the executive board).In addition, according to the amendment, employers must set a higher target figure for the underrepresented gender when they reach the defined target. New target figures must be set when the time horizon for the target figures expires and until a gender balance of 40/60 has been achieved.The enhanced requirements also extend the reporting requirements for target figures and policies to include a range of new information and key figures, including the main actions taken by the employer to meet the target figure.The report must be included in the company's management report when the annual report is published, and it is no longer sufficient for it to be available on the company's website. In addition, it is no longer possible to adopt overall targets and policies for a group as a whole. Therefore, each company in the group must set its own target figures and establish its own policy, which must be published in the company's own management report.Business Authority's updated guidelines When setting target figures, employers must take into account the circumstances in each business or industry at the time the target figures are set. In addition, the target figures must be ambitious and realistic, and it is thus emphasised that they are not quotas.In addition, the guidelines clarify that employers should avoid setting long-term deadlines for achieving target figures. For example, they state that a target of 10% of the underrepresented gender within a period of three years is preferable to a target of 40% within a period of 15 years. The time horizon for achieving the target for the top management body should be set at a maximum of four years.The reporting in the annual report should, as a general rule, take the form of a single statement and not be given in several places in the management report.The new enhanced rules entered into force on 1 January 2023, and the guidelines of the Business Authority indicate that the target figures must be established at the latest at the first board meeting after 1 January 2023. The strengthened reporting requirements will apply in connection with the preparation of the annual report from 2023.For further information on this topic please contact Yvonne Frederiksen at Norrbom Vinding by telephone (+43 35 25 3940) or email ([email protected]). The Norrbom Vinding website can be accessed at norrbomvinding.com.