Human rights
Policy statement on the human rights strategy
Max Bögl Stiftung & Co. KG recognizes the fundamental human rights (in particular those addressed in § 2 LkSG and the Annex to § 2) for the area of its business activities in Germany and abroad within the framework of this declaration of principles and therefore endeavors to ensure that these human rights are contractually and practically enforced in the context of its business activities.
To this end, it has appointed a Human Rights Officer, which is intended to give practical relevance to this Declaration of Principles.
To this end, it has implemented a risk management system in its procurement management for goods, works and services that is suitable for identifying, preventing, ending or at least making more difficult the risks and violations of rights along its supply chain that it has (co-)caused within an appropriate framework.
This includes a suitable risk analysis (when the system is introduced, with an annual evaluation and an ad hoc update if the risk situation changes). The risk analysis is carried out by analyzing the company's own business operations and the business operations of direct suppliers with regard to risk factors such as affected industries, business areas, product groups, operational structures, personally acting actors, production locations, countries of origin of raw materials used or political framework conditions. The resulting risks are prioritized in particular according to the probability and severity of an existing or imminent infringement and the practical possibility of Max Bögl Stiftung & Co. KG to influence the effective mitigation or prevention of the infringements in question.
Max Bögl Stiftung & Co KG has established a system of preventive measures in order to implement the objectives of the declaration of principles set out here in its practical business activities and to make them an efficient part of the business processes affected by this (in particular in procurement).
This is done in Max Bögl Stiftung & Co KG's own area by analyzing the business processes with regard to risks relevant to human rights in all business areas, with a practical focus on occupational health and safety issues. An online training concept is being developed for Max Bögl Stiftung & Co KG's own employees, in which all employees involved in risk-relevant activities can be included and which enables usage to be monitored. As part of the audits to be carried out (at least on a random basis) by Internal Audit, a risk-based check is carried out to determine whether the human rights strategy described here has been incorporated into operational practice in the company's own business area.
Procurement processes contribute to the objectives of this declaration of principles primarily through the selection of direct suppliers who have committed themselves to human rights-sensitive business activities and, for their part, offer the greatest possible guarantee of compliance with contemporary human rights standards; Max Bögl Stiftung & Co. KG can also make use of externally provided databases on known, objectively verifiable misconduct by possible suppliers for this purpose.
Another building block is the contractual commitment of direct suppliers to contemporary human rights standards - in particular in accordance with the LkSG, but also the Code of Conduct for Contractual Partners of the Max Bögl Group and in accordance with the principles of the EMB value management of the construction industry (including a substantial obligation to pass on to indirect suppliers). The direct supplier must, at least in the event of suspected LkSG-relevant violations, permit external audits by Max Bögl Stiftung & Co KG or its authorized representatives and, in such cases, provide evidence of remedial measures and increased prevention (e.g. through internal training).
In accordance with the prioritization carried out in the risk analysis, the effectiveness of the preventive measures is reviewed annually (if necessary also on an ad hoc basis) on a random basis; if gaps or doubts about efficiency are identified, these are adjusted accordingly.
If violations of the obligation to protect the human rights obligations in question are identified, Max Bögl Stiftung & Co. KG will provide a system of remedial measures to remedy or avoid them in the future and will decide on appropriate remedial measures in individual cases.
Human rights violations in the own area of Max Bögl Stiftung & Co. KG must be remedied without exception and without delay or imminent violations must be prevented; their existence and remediation must be brought to the attention of the responsible Executive Board without delay.
Violations at direct suppliers that come to the attention of Max Bögl Stiftung & Co. KG must also be investigated immediately and, if this promises a remedy, suitable measures must be taken to end or minimize them. The reason for and nature of the measures shall depend on the extent, severity and duration of the violations as well as on the realistic possibilities of Max Bögl Stiftung & Co. KG to exert influence to stop or minimize them.
A concept to avoid such violations can be developed cooperatively with the direct supplier concerned, but can also end in a threatened or executed avoidance of further business relationships by Max Bögl Stiftung & Co KG alone or - insofar as this is unobjectionable under antitrust law - also with its market companions. In the event of serious, persistent or deliberately concealed violations and in cases of obvious lack of understanding, extraordinary termination of the business relationship will also be threatened and seriously considered, and in very serious cases this will also be carried out consistently.
In the area of substantiated knowledge of violations attributable to indirect suppliers, Max Bögl Stiftung & Co. KG follows up on this - within the scope of what is legally and practically possible - and, within this framework and from the knowledge gained in this way, draws consequences with regard to possible future preventive measures as well as with regard to necessary internal and external measures to prevent or minimize such violations in the future. The type and scope of the measures are also based on how reliable the underlying information on violations is, how serious the violations are, and the extent to which any measures that Max Bögl Stiftung & Co. KG may initiate would realistically reduce or prevent the specific violations.
Max Bögl Stiftung & Co KG has a suitable and transparent whistleblower system in place, which is suitable for uncovering internal or - along the entire supply chain - external human rights violations or investigating allegations of such violations. Please refer to the rules of procedure for whistleblowers and ombudspersons, which can be accessed online, as well as the channels and assurances provided therein. The system is evaluated on an annual basis (if necessary also on an ad hoc basis) and adjusted if necessary.
Max Bögl Stiftung & Co KG will comply with its documentation and reporting obligations in accordance with Section 10 LkSG in a timely and appropriate manner. This report includes all LkSG-relevant incidents, information, audits, audit results, case-related internal and external measures, conceptual changes, conceptual additions and, if applicable, internal efficiency assessments. The internal documentation is not public and may therefore also contain business and trade secrets.
Sengenthal, December 2022
The Executive Board
