_ set up complaints mechanism
Companies must set up an appropriate internal or external complaints procedure (§ 8 LkSG). This "complaint box" aims to allow people to point out violations of human rights and environmental law. All those involved in the company and its direct suppliers should be able to report misconduct by the company centrally. Receipt of the report must be confirmed. The facts of the case must be discussed with the whistleblowers. A joint settlement procedure may be ordered.
The complaints procedure requirements under the LkSG differ from those under the Whistleblower Protection Act (Whistleblower Directive). Whereas in the latter case, only employees must be guaranteed the opportunity to complain internally, under the LkSG, access must be provided to all persons affected by the company's business area. Therefore, access to the complaints system is public and includes outside persons.
It is important to note that the procedure is accessible. Hurdles should be actively addressed (different languages, level of education, fear of consequences).
General requirements for the complaints system:
- Rules of procedure must be defined.
- The "judges" must be independent and not bound by instructions. They are bound to secrecy.
- It must be possible to submit complaints anonymously.
- Clear and understandable information about the procedure and responsibilities must be provided.
- The system must be publicly accessible to everyone.
Practical tip: A combination of different channels is particularly effective. For example, a contact e-mail or a procedure can be offered directly on the website. In addition, a hotline can be set up, and internal and external trusted third parties can be assigned. In addition, contact notices can also be attached to products and, brochures and flyers distributed to all employees in the company.