Supplier consent to due diligence obligations
(VCG is the client)
Status: 22.07.2024
Vogel Communications Group GmbH & Co. KG and its affiliated companies (jointly “Vogel Group“) carry out commissions as a contractor for their clients.
Vogel Communications Group GmbH & Co. KG and its affiliated companies (jointly “Vogel Group“) act in accordance with their declaration on human rights and the environment, and are aware of their responsibility to comply with the due diligence obligations that may arise from the Act on Corporate Due Diligence Obligations in Supply Chains (“LkSG“) and others, and have issued a corresponding declaration of principles (available here). The aforementioned due diligence obligations include numerous measures that affect the direct and indirect suppliers of the Vogel Group. The purpose of this declaration is to ensure compliance with these obligations by direct and indirect suppliers.
Compliance with requirements
Vogel Group therefore asks you as a supplier to comply with and agree to the following requirements:
- The supplier shall take appropriate measures to prevent, terminate, or mitigate violations of the LkSG requirements in their own company and also at their suppliers, particularly:
- Maintaining appropriate and effective risk management to comply with the due diligence obligations set out in these obligations and the LkSG,
- carrying out regular risk analyses of the own business area and informing Vogel Group of any relevant changes;
- informing employees and own suppliers about the existence of a complaints procedure and providing access to it.
- The supplier shall inform Vogel Group immediately of any actual or imminent violation of the LkSG requirements.
- The supplier pledges to forward the obligations detailed in this document in full to their suppliers.
- Upon request, Vogel Group may verify compliance with the obligations arising from this declaration by asking for respective documents and documentation, and, if necessary, through on-site inspections.
A breach of an obligation from this declaration means a breach of a fundamental contractual obligation. Therefore, in case of such a breach, Vogel Group shall be entitled to terminate the business relationship without notice for good cause after having given a deadline of thirty (30) days to remedy the breach in question.
Supplier confirmation
By checking the “Yes” checkbox and submitting the form, you confirm that you have understood above information and agree to the obligations specified in this document.”
Appendix A – LkSG provisions
Prohibition of child labor (§ 2, sec. 2, nrs. 1 and 2, LkSG)
The prohibition of employment of a child under the age at which compulsory schooling ends under the law of the place of employment, whereas the age of employment may not be less than 15 years. This does not apply if the law of the place of employment deviates from this in accordance with art. 2, sec. 4, and art. 4 to 8 of Convention No. 138 of the International Labour Organization of 26 JUN 1973 concerning the minimum age for admission to employment (BGBl. 1976 II p. 201, 202).
The prohibition of the worst forms of child labor for children under the age of 18. This includes art. 3 of Convention No. 182 of the International Labour Organization of 17 JUN 1999 concerning the Prohibition and Immediate Action for the Elimination of the Worst Forms of Child Labor (BGBl. 2001 II p. 1290, 1291):
- all forms of slavery or slavery-like practices, such as the sale of children and child trafficking, debt bondage and serfage, and forced or compulsory labor, including the forced or compulsory recruitment of children for use in armed conflict,
- the use, facilitation, or offering of a child for prostitution, for the production of pornography or for pornographic performances,
- the use, facilitation, or offering of a child for illicit acts, particularly for drug production and trafficking,
- Labor that, by nature or because of the circumstances in which it is carried out, is likely to harm the health, safety, or morality of children.
Prohibition of forced labor (art. 2, sec. 2, nr. 3, LkSG)
The prohibition of the employment of persons in forced labor includes any work or service that is required of a person under threat of punishment and for which they have not voluntarily made themselves available, for example as a result of debt bondage or human trafficking. Excluded from forced labor are any work or services that comply with art. 2, sec. 2 of Convention No. 29 of the International Labour Organization of 28 JUN 1930 on Forced or Compulsory Labour (BGBl. 1956 II p. 640, 641) or with art. 8, lit. b and c of the International Covenant of 19 DEC 1966 on Civil and Political Rights (BGBl. 1973 II p. 1533, 1534).
Prohibition of all forms of slavery (sec. 2, art. 2, nr. 4, LkSG)
The prohibition of all forms of slavery, slavery-like practices, serfage, or other forms of domination or oppression in the workplace, such as extreme economic or sexual exploitation and humiliation.
Prohibition of disregarding occupational health and safety (sec. 2, art. 2, nr. 5, LkSG)
The prohibition of disregarding the occupational health and safety obligations applicable under the law of the place of employment if this results in the risk of accidents at work or work-related health hazards, in particular due to:
- obviously inadequate safety standards in the provision and maintenance of the workstation, the workplace, and the work equipment,
- the lack of suitable protective measures to prevent the effects of chemical, physical, or biological substances,
- the lack of measures to prevent excessive physical and mental fatigue, in particular due to unsuitable work organization with regard to working hours and rest breaks or inadequate training and instruction of employees.
Prohibition of disregarding the freedom of association (sec. 2, art. 2, nr. 6, LkSG)
The ban on disregarding the freedom of association, which states
- employees are free to form or join trade unions,
- the establishment, joining, and membership of a trade union must not be used as a reason for unjustified discrimination or retaliation,
- trade unions may operate freely and in accordance with the law of the place of employment; this includes the right to strike and the right to collective bargaining;
Prohibition of unequal treatment (§ 2, sec. 2, nr. 7, LkSG)
The prohibition of unequal treatment in employment, for example on the basis of national and ethnic origin, social origin, health status, disability, sexual orientation, age, gender, political opinion, religion or belief, unless this is justified by the requirements of the employment; unequal treatment includes in particular the payment of unequal remuneration for work of equal value;
Prohibition of withholding an appropriate wage (§ 2, sec. 2, nr. 8, LkSG)
The prohibition of withholding an appropriate wage; the appropriate wage is at least the minimum wage stipulated by the applicable law and is otherwise determined by the law of the place of employment.
Prohibition of the destruction of natural resources through environmental pollution (sec. 2, art. 2, nr. 9, LkSG)
The prohibition of causing harmful soil change, water pollution, air pollution, harmful noise emissions, or excessive water consumption, that
- significantly impairs the natural basis for the preservation and production of food,
- denies a person access to safe drinking water,
- impedes or destroys a person’s access to sanitary facilities or
- harms the health of a person.
- Prohibition of the unlawful deprivation of a population’s livelihood (sec. 2, art. 2, nr. 10, LkSG)
- The prohibition of unlawful eviction and the prohibition of unlawful deprivation of land, forests and waters in the acquisition, development or other use of land, forests and waters, the use of which secures the livelihood of a person.
- Prohibition on hiring or deploying security staff without appropriate guarantees (sec. 2, art. 2, nr. 11, LkSG)
- The prohibition of hiring or using private or public security staff to protect the company’s project if, due to a lack of instruction or control on the part of the company when deploying the security forces,
- the prohibition of torture and cruel, inhuman, or degrading treatment is disregarded,
- life or limb are injured or
- the freedom of association and unionization are impaired.
Prohibitions according to the Minamata Convention (§ 2, sec. 3, nr. 1, 2, 3, LkSG)
The ban on the manufacture of mercury-added products in accordance with Article 4 (1) and Annex A Part I of the Minamata Convention on Mercury of 10 OCT 2013 (Federal Law Gazette 2017 II p. 610, 611) (Minamata Convention). 2017 II p. 610, 611).
The prohibition of the use of mercury and mercury compounds in manufacturing processes within the meaning of art. 5, sec. 2, and Annex B, Part I of the Minamata Convention from the phase-out date specified for the respective products and processes in the Convention.
The prohibition of the treatment of mercury waste contrary to the provisions of art. 11, sec. 3 of the Minamata Convention.
Prohibitions under the PoPs Convention (§ 2, sec. 3, nr. 4, 5, LkSG)
The ban on the production and use of chemicals in accordance with art. 3, sec. 1, lit. a, and Annex A of the Stockholm Convention of 23 MAY 2001 on Persistent Organic Pollutants (Federal Law Gazette 2002 II p. 803, 804) (POPs Convention), last amended by the decision of 6 MAY 2005 (Federal Law Gazette 2009 II p. 1060, 1061), and within the meaning of Regulation (EC) No. 1013/2006 of the European Parliament and of the Council of 20 JUN 2019 on shipments of waste (OJ L 169, 12 JUL 2006, p. 1) (Regulation (EC) No. 1013/2006), which was last amended by Commission Delegated Regulation (EU) 2021/277 of 16 DEC 2020 (OJ L 62, 22.12.2020, p. 1)
The prohibition of the non-environmentally sound handling, collection, storage, and disposal of waste in accordance with the regulations in force in the applicable legal system in accordance with the provisions of art. 6, sec. 1, lit. d, (i) and (ii) of the POPs Convention.
Prohibitions according to the Basel Convention (§ 2, sec. 3, nr. 6, 7, 8, LkSG)
The ban on the export of hazardous waste within the meaning of art.1, sec. 1 and other waste within the meaning of art. 1, sec. 2 of the Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and their Disposal of 22 MAR 1989 (Federal Law Gazette 1994 II p. 2703, 2704) (Basel Convention), last amended by the Third Ordinance amending the Annexes to the Basel Convention of 22 MAR 1989 of 6 MAY 2014 (Federal Law Gazette II p. 306, 307), and within the meaning of Regulation (EC) No. 1013/2006 of the European Parliament and of the Council of 14 JUIN 2006 on shipments of waste (OJ L 190, 12 JUL 2006, p. 1) (Regulation (EC) No. 1013/2006), which was last amended by Commission Delegated Regulation (EU) 2020/2174 of 19 OCT 2020 (OJ L 433, 22.12.2020, p. 11)
- to a party that has prohibited the import of such hazardous and other wastes (art.4, sec.1, lit. b of the Basel Convention),
- to a country of import within the meaning of art. 2, nr. 11 of the Basel Convention which has not given its written consent to the specific import, if that country of import has not prohibited the import of that hazardous waste (art. 4, sec. 1, lit. c of the Basel Convention),
- to a non-aligned party to the Basel Convention (art. 4, sec. 5 of the Basel Convention),
- to a country of import if such hazardous waste or other waste is not managed in an environmentally sound manner in that country or elsewhere (art. 4, sec. 8, sentence 1, of the Basel Convention);
The ban on exports of hazardous waste from countries listed in Annex VII of the Basel Convention to countries not listed in Annex VII (art. 4A of the Basel Convention, art. 36 of Regulation (EC) No. 1013/2006).
The ban on the import of hazardous waste and other waste from a non-Party to the Basel Convention (art. 4, sec. 5 of the Basel Convention).