301 / 406
GAZETTE
SEPTEMBER
1985
COMMENT . . .
(Continued from page 267)
One possible solution to this problem and to another
problem which is manifesting itself, namely the
anomalous position of "worker-directors" on the boards
of semi state companies, may lie in the "two-tier" system
of boards which exists under German company law. We
have borrowed the "worker director" idea from German
company law, but have perhaps erred in not trans-
planting it in its entirety by having worker directors on a
supervisory board which would not be concerned with
day-to-day management decisions. Equally the "non-
executive directors" might function more satisfactorily if
they were removed from day-to-day contact with the
executive directors and take their places on a supervisory
Board. As the Draft E.E.C. Fifth Company Law
Directive (which deals with this point) moves further
towards adoption, perhaps we will hear more of this
possibility. In the meantime, the duty of non-executive
directors to be more than mere passengers remains.
•
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