Overview
The obligations under the German Supply Chain Due Diligence Act (LkSG) can be grouped by the three legal positions of the Tacto risk analysis: labour rights, human rights and environmental rights. This overview is relevant for everyone who completes Evaluations in the risk analysis or derives measures.
Note: The grouping into three legal positions is the structure of the Tacto risk analysis. In the law, labour rights are part of the human rights risks (Section 2 (2) LkSG); environmental risks are covered by Section 2 (3) LkSG. This article does not constitute legal advice.
Labour rights
Occupational safety (Section 2 (2) No. 5 LkSG): Companies must ensure that appropriate health and safety standards are maintained at the workplace in their supply chains – for example protection against hazardous working conditions, protective equipment, hygienic working conditions and accident prevention.
Freedom of association (No. 6): Employees may form and join trade unions and negotiate collectively for better working conditions and wages. Companies must respect this and must not retaliate against union members.
Unequal treatment (No. 7): Protection against discrimination in employment, for example on the basis of gender, origin, religion, age or disability.
Adequate wage (No. 8): Employees receive a wage that is at least equal to the applicable minimum wage and allows for an adequate standard of living. This also includes compliance with working hours and overtime pay.
Human rights
Child labour (Nos. 1 and 2): The employment of children below the age at which compulsory schooling ends under the law of the place of employment, but at least below 15 years, is prohibited (exceptions only in line with international standards). For children under 18, the worst forms of child labour are also prohibited, including slavery, child trafficking, debt bondage, forced labour, use in armed conflicts, sexual exploitation, drug trafficking and hazardous work.
Forced labour (No. 3): Any work that is demanded under threat of punishment and for which people have not volunteered is prohibited, for example through debt bondage or human trafficking.
Slavery (No. 4): All forms of slavery, slavery-like practices, serfdom and other forms of oppression in the working environment are prohibited, such as extreme economic or sexual exploitation and humiliation.
Forced eviction and land rights (No. 10): Unlawful forced evictions and the unlawful deprivation of land, forests and waters that secure a person's livelihood are prohibited.
Use of security forces (No. 11): Private or public security forces must not be commissioned or used if this risks torture or cruel, inhuman or degrading treatment, injury to life or limb, or impairment of freedom of association.
Other serious violations (No. 12): Any other act or omission that is directly capable of seriously impairing a protected legal position is also prohibited – for example physical, psychological or sexual harassment and violence at the workplace.
Environmental rights
Harmful environmental impacts (Section 2 (2) No. 9 LkSG): Harmful soil changes, water and air pollution, harmful noise emissions and excessive water consumption are prohibited if they impair, for example, food sources, access to drinking water or people's health.
Mercury in products (Section 2 (3) No. 1): The manufacture of mercury-added products under Article 4 and Annex A Part I of the Minamata Convention is prohibited.
Mercury in manufacturing processes (No. 2): The use of mercury and mercury compounds in manufacturing processes is prohibited from the phase-out date specified in the Minamata Convention.
Mercury waste (No. 3): Mercury waste must be managed in an environmentally sound manner in accordance with Article 11(3) of the Minamata Convention.
Persistent organic pollutants (No. 4): The production and use of chemicals classified as persistent organic pollutants (POPs) under the Stockholm Convention are prohibited.
Handling of POP waste (No. 5): Waste must be handled, collected, stored and disposed of in an environmentally sound manner in accordance with the Stockholm Convention.
Export of hazardous waste (Nos. 6 to 8): The export of hazardous waste within the meaning of the Basel Convention is prohibited, in particular to countries that have banned its import or where the waste is not managed in an environmentally sound manner.
