The background to the investigation was initially a strike by the lorry drivers of a Polish transport company, among other things due to inhumane working conditions at their employer, whereupon Federal Labour Minister Heil called for a special audit by the BAFA on the basis of the LkSG. In September 2023, BAFA employees seized numerous waybills as evidence and analysed them. It turned out that 58 German companies, which are obliged under the LkSG, used the services of the transport company. According to Noerr, the case proves that the LkSG, which has only recently come into force, is already being used as a gateway for official investigative measures and recommends that risks or possible violations be properly clarified and, if necessary, the appropriate measures taken.
The BAFA has also announced that from 1 January 2024, companies with more than 1,000 employees will have to comply with the requirements of the Supply Chain Due Diligence Act (LkSG). Previously, the threshold was 3,000 employees. This also increases the number of companies indirectly affected by the LkSG or SMEs that are under pressure to fulfil the requirements of the LkSG due to their customers. Fines and exclusion from public procurement are possible.
trade-e-bility helps you individually, efficiently and pragmatically with the topic of Supply Chain Act and also takes into account the fact that your (e.g. small and medium-sized) company may have fewer formal guidelines.
If you have any questions or problems with the Supply Chain Act, please call us on +49/40/750687-300 or write to beratung@trade-e-bility.de. We will help you.
