Double voting right
The double voting right is a term from the co-determination right . In the supervisory boards of large corporations formed in accordance with the Codetermination Act , the chairman of the supervisory board has double voting rights.
It ensures that all decisions of the Supervisory Board can be taken by the shareholders against the employee representatives . The numerical parity (equal number of representatives of shareholders and employees) on the supervisory board therefore does not correspond to parity in votes .
The legal formulation reads: "If a vote in the supervisory board results in a tie, the chairman of the supervisory board has two votes in a renewed vote on the same item, if it also results in a tie" ( Section 29 (2 ) MitbestG ).
The Codetermination Act provides that the shareholders always appoint the chairman of the supervisory board: "If the ... required majority is not achieved in the election of the chairman of the supervisory board, a second ballot takes place for the chairman of the supervisory board. In this ballot, the shareholders 'supervisory board members elect the chairman of the supervisory board and the employees' supervisory board members elect the deputy ... ” ( Section 27 (2) MitbestG).
In the event that the chairman of the supervisory board cannot attend a meeting, the law also makes it clear that the deputy chairman (from the employee side) is not entitled to the second vote ( Section 29 (2) MitbestG).
literature
- Michael Kittner: Work and Social Order , Frankfurt am Main 2007
