_ non-compliance measures / corrective actions
Companies must take appropriate remedial action immediately if certain risks materialise, i.e., if violations occur (Section 7 I LkSG). Compliance obligations apply in the company's business operations in Germany, where it is assumed that it is legally and factually possible to remedy the violations on one's initiative. The measure must lead to the termination of the offence. In the company's business area abroad, the action must generally lead to the termination of the infringement - the duty to succeed gives way here to an assignment of probability. Even if there is no guarantee, measures must be suitable for ending an infringement.
The law prescribes a duty to make efforts outside the company's sphere of influence. If the nature of the violation is such that the company cannot remedy it in the foreseeable future, a concept for ending or minimising it must be developed immediately. Companies must address and try to eliminate the grievance - even if it cannot be stopped. As substantive measures, the law suggests working out a concept with the supplier, joining forces with other companies or temporarily ending the business relationship.
In principle, cooperative conflict behaviour is desired. Often, it will fail not because of wanting to but because of knowing how. The business partner may need resources, knowledge, training, and education to remedy specific grievances. Engagement in this area is a concept in terms of remediation.
The problem is addressed explicitly in practice, and a deadline is set for correcting the grievance. Penalties can only be imposed with improvement, even after several reminders. Termination of an ongoing business relationship is the ultima ratio.