• Home
  • Latest
  • Fortune 500
  • Finance
  • Tech
  • Leadership
  • Lifestyle
  • Rankings
  • Multimedia

Trendingnow

1

As Big Tech showers employees with perks to win the talent war, Nvidia built a nearly $5 trillion company by making people pay for their own lunch

2

MacKenzie Scott alone accounted for one-third of America's $19.2 billion in megagifts last year

3

Current price of oil as of July 1, 2026

1

As Big Tech showers employees with perks to win the talent war, Nvidia built a nearly $5 trillion company by making people pay for their own lunch

2

MacKenzie Scott alone accounted for one-third of America's $19.2 billion in megagifts last year

3

Current price of oil as of July 1, 2026
Commentary

Germany offers a cautionary tale for Biden’s pro-labor agenda

By
Robert Peres
Robert Peres
Down Arrow Button Icon
By
Robert Peres
Robert Peres
Down Arrow Button Icon
February 24, 2021, 5:30 AM ET
Union members demonstrate at a Mercedes-Benz factory in Berlin on Nov. 12, 2020. For U.S. leaders seeking to emulate Germany’s labor policies, writes Robert Peres, “Germany’s broken corporate governance culture serves as a cautionary tale.”
Union members demonstrate at a Mercedes-Benz factory in Berlin on Nov. 12, 2020. For U.S. leaders seeking to emulate Germany’s labor policies, writes Robert Peres, “Germany’s broken corporate governance culture serves as a cautionary tale.”Liesa Johannssen-Koppitz—Bloomberg/Getty Images
Add Fortune on Google for similar content.

President Biden embraced a pro-labor stance during his campaign. He has underlined his ambition to support workers’ interests by nominating as his future labor secretary Boston Mayor Marty Walsh, who was strongly backed by the AFL-CIO and major labor unions. While there should be no disagreements with the goal of improving the situation of the labor force in the United States, there could be some merit in taking a closer look at possible side effects.

While Sen. Elizabeth Warren (D-Mass.) was campaigning, she talked about “accountable capitalism” and suggested emulating a system of codetermination in corporations like the one in Germany, where the workforce is mandated to have nearly 50% of the directors’ seats.

The Biden administration should review such a shift carefully, however, because Germany’s broken corporate governance culture serves as a cautionary tale. While it is frequently lauded for taking a more inclusionary approach based on stakeholders, these public accolades often ignore the very real damage this does to shareholders, a problem that has become the subject of an increasingly public debate within Germany.

Anyone doing business in Germany will tell you that a heavy focus on stakeholder interest is a distraction that can negatively impact the viability of a company. It is no coincidence that Germany’s former emerald industries, such as steel and energy, have declined in influence. Moreover, thriving new economy and tech companies just don’t come from Germany. Investors are going elsewhere to find a more supportive business environment.

President Biden in his campaign called for “an end to the era of shareholder capitalism.” Instead, he endorsed a model of stakeholder capitalism, where corporate boards pursue policies that benefit the environment, local communities, and employees in addition to shareholders. Now don’t get me wrong: I am all for social responsibility. But focusing on stakeholders instead of shareholders doesn’t really help the causes it purports to aid.

A Harvard Law School paper published by professors Lucian Bebchuk and Roberto Tallarita warned of the consequences and showed that such stakeholderism would impose substantial costs both on stakeholders and society. It would also hurt the owners—namely the investors.

This is exactly the result we see in Germany. Only 16% of Germans own equity-based investments, and only 7% directly own stocks; in the U.S., in contrast, 55% of people own stocks (either directly or through instruments like mutual funds). If the United States goes the route of eradicating shareholder primacy, you will see a significant decline in stock investing, thus drying up a much-needed source of capital for U.S. businesses. If creating value for shareholders is low priority, who would want to invest in such companies?

There is another strong point for staying away from the new stakeholder paradigm: Decisions which fundamentally change the purpose of a corporation should clearly be up to its owners, not management. If CEOs become unaccountable to shareholders anymore, will they then blame poor performance on the needs of the community or on other non–market-related demands?

Germany has produced many recent corporate scandals, and weak accountability to investors played a major role. The Volkswagen emissions fraud comes to mind, as well as the recent Wirecard bankruptcy. In both, management staunchly ignored the interests of the shareholders. They committed massive fraud against customers and investors, leading to arrest warrants and jail time for the involved CEOs and other accomplices within leadership. Where were the unions?

The Business Roundtable, an organization of top CEOs in America, has embraced the stakeholder view and jettisoned their former corporate purpose of working primarily for investors. This is an unhealthy development.

Corporations do best when they focus on shareholder interests. If they start acting like social entities, they might as well become NGOs. For-profit entities need to operate for profit and pursue goals set by ownership.

Protecting employees, consumers, or the environment should be the government’s job. If you start mixing these responsibilities, you will not get good results for either group.

It would behoove the Biden administration to promote laws that protect workers, such as requiring a living wage, paid vacation, and mandated sick leave—as in Germany.

Codetermination is not the solution. Giving too much influence to employee representatives negatively impacts the viability of a corporation. In the case of management salaries and bonuses, German unions have often sided with the board and let exaggerated payouts pass through. For unions, supporting excessive executive pay is a bargaining chip to have their own demands met, such as higher wages and other worker benefits.

Giving nonowners of the corporation so much influence on business-critical decisions blurs institutional integrity and is a slippery slope. Germany should not be America’s shining example.

Robert Peres, who has lived in the U.S. and Germany, is chairman of the German nonprofit consumer organization Initiative Minority Shareholders. He is an attorney and class action expert who specializes in government relations and litigation communications. Twitter: @robperes.

About the Author
By Robert Peres
See full bioRight Arrow Button Icon
Add Fortune on Google for similar content.

Latest in Commentary

Finance
Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam
By Fortune Editors
October 20, 2025
Finance
Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam
By Fortune Editors
October 20, 2025
Finance
Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam
By Fortune Editors
October 20, 2025
Finance
Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam
By Fortune Editors
October 20, 2025
Finance
Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam
By Fortune Editors
October 20, 2025
Finance
Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam
By Fortune Editors
October 20, 2025

Most Popular

Finance
Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam
By Fortune Editors
October 20, 2025
Finance
Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam
By Fortune Editors
October 20, 2025
Finance
Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam
By Fortune Editors
October 20, 2025
Finance
Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam
By Fortune Editors
October 20, 2025
Finance
Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam
By Fortune Editors
October 20, 2025
Finance
Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam
By Fortune Editors
October 20, 2025
Fortune Secondary Logo
Rankings
  • 100 Best Companies
  • Fortune 500
  • Global 500
  • Fortune 500 Europe
  • Most Powerful Women
  • World's Most Admired Companies
  • See All Rankings
  • Lists Calendar
Sections
  • Finance
  • Fortune Crypto
  • Features
  • Leadership
  • Health
  • Commentary
  • Success
  • Retail
  • Mpw
  • Tech
  • Lifestyle
  • CEO Initiative
  • Asia
  • Politics
  • Conferences
  • Europe
  • Newsletters
  • Personal Finance
  • Environment
  • Magazine
  • Education
Customer Support
  • Frequently Asked Questions
  • Customer Service Portal
  • Privacy Policy
  • Terms Of Use
  • Single Issues For Purchase
  • International Print
Commercial Services
  • Advertising
  • Fortune Brand Studio
  • Fortune Analytics
  • Fortune Conferences
  • Business Development
  • Group Subscriptions
About Us
  • About Us
  • Press Center
  • Work At Fortune
  • Terms And Conditions
  • Site Map
  • About Us
  • Press Center
  • Work At Fortune
  • Terms And Conditions
  • Site Map
  • Facebook icon
  • Twitter icon
  • LinkedIn icon
  • Instagram icon
  • Pinterest icon

Latest in Commentary

em
Commentary250 Years of Innovation
America’s 250th birthday has Elon Musk and a record IPO. Its 15th had Alexander Hamilton — and a stock market bubble
By Owen LamontJuly 2, 2026
2 hours ago
paramount
CommentaryAntitrust
How Paramount’s theater commitments could boost local economies across the nation
By Ike BrannonJuly 2, 2026
2 hours ago
elon
CommentaryChina
China has 400 private space companies. The West is barely paying attention
By Rainer ZitelmannJuly 2, 2026
3 hours ago
senate
CommentaryCongress
One rare bipartisan AI bill is moving through Congress. Here’s why it deserves to pass
By Neil Björkman and Betsy BrewerJuly 1, 2026
1 day ago
I know how Gen Z can survive the ‘jobpocalypse’ because I built an AI company — in 2015
CommentaryCareers
I know how Gen Z can survive the ‘jobpocalypse’ because I built an AI company — in 2015
By Jeremy FainJuly 1, 2026
1 day ago
mr
Commentary250 Years of Innovation
America needs 3.8 million manufacturing workers. This CEO has a blueprint to find them
By Mark RayfieldJuly 1, 2026
1 day ago

Most Popular

As Big Tech showers employees with perks to win the talent war, Nvidia built a nearly $5 trillion company by making people pay for their own lunch
Big Tech
As Big Tech showers employees with perks to win the talent war, Nvidia built a nearly $5 trillion company by making people pay for their own lunch
By Marco Quiroz-GutierrezJuly 1, 2026
1 day ago
MacKenzie Scott alone accounted for one-third of America's $19.2 billion in megagifts last year
Success
MacKenzie Scott alone accounted for one-third of America's $19.2 billion in megagifts last year
By Sydney LakeJune 25, 2026
7 days ago
Current price of oil as of July 1, 2026
Personal Finance
Current price of oil as of July 1, 2026
By Joseph HostetlerJuly 1, 2026
23 hours ago
The Supreme Court's birthright citizenship ruling hands the U.S. economy a $7.7 trillion win
Newsletters
The Supreme Court's birthright citizenship ruling hands the U.S. economy a $7.7 trillion win
By Diane BradyJuly 1, 2026
1 day ago
Philanthropy leader at Warren Buffett and Bill Gates’ Giving Pledge says children of billionaires are pushing them to give their wealth away faster
Success
Philanthropy leader at Warren Buffett and Bill Gates’ Giving Pledge says children of billionaires are pushing them to give their wealth away faster
By Preston ForeJune 27, 2026
5 days ago
Elon Musk on MacKenzie Scott giving away $26 billion of her fortune: 'Sadly,' it makes the world a worse place
Success
Elon Musk on MacKenzie Scott giving away $26 billion of her fortune: 'Sadly,' it makes the world a worse place
By Sydney LakeJune 29, 2026
3 days ago

© 2026 Fortune Media IP Limited. All Rights Reserved. Use of this site constitutes acceptance of our Terms of Use and Privacy Policy | CA Notice at Collection and Privacy Notice | Do Not Sell/Share My Personal Information
FORTUNE is a trademark of Fortune Media IP Limited, registered in the U.S. and other countries. FORTUNE may receive compensation for some links to products and services on this website. Offers may be subject to change without notice.