Employee participation in the election of the supervisory board of the joint-stock company: (still) unresolved issues
Abstract
This article discusses the issue of the employee participation in the election of the supervisory board of the joint-stock company after the recodification of the Czech Civil law. The opinions concerning this very important question are inconsistent, which causes considerable difficulties in practice.
Based on the examination of the structural elements and the interpretative analysis of the § 421 subsection 2) point f) of the Czech Business Corporations Act, the article suggests a conclusion on the imperative or dispositive character of this provision and what it would mean for the possibility of the election of the supervisory board members of a joint stock company by its employees. Finally, the article outlines the future developments of the issue that the expected amendment to the Czech Business Corporations Act will likely to bring.