The OECD Guidelines for Multinational Enterprises contain significant overlaps with the German Act on Corporate Due Diligence Obligations in Supply Chains (LkSG), notably in the areas of human rights, labour relations, and environmental protection. The Federal Office for Economic Affairs and Export Control (BAFA) is responsible for enforcing the LkSG in Germany. Where the OECD Guidelines make recommendations that are also covered by the LkSG, affected parties may choose to file a complaint either with the National Contact Point (NCP) or directly with BAFA.
Complaints procedures before the NCP and applications to BAFA are independent of each other and follow distinct frameworks: the NCP process is based on the OECD Guidelines, while BAFA procedures are governed by the German Act on Corporate Due Diligence Obligations in Supply Chains (LkSG). Key characteristics of both processes are summarised in the table below. These are separate from the internal grievance mechanisms that companies must establish as part of their legal due diligence obligations under the LkSG.
Legal basis
| OECD Guidelines for Multinational Enterprises | German Act on Corporate Due Diligence Obligations in Supply Chains (LkSG) |
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Subject of the complaint
| Alleged violation of the OECD Guidelines by a multinational enterprise operating in or from a adherent country | Potential or imminent violation of a protected legal position by a company subject to the LkSG or one of its suppliers |
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Complainant /
Applicant
| Natural or legal persons, e.g. affected individuals, trade unions, NGOs | Individuals affected by a violation under the LkSG or their authorised representatives (e.g. German NGOs) |
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Respondent
| Multinational enterprise based in or operating in Germany | Company subject to the LkSG; complaints may also be directed against suppliers not directly subject to the LkSG, but these are not formal respondents under the complaints procedure |
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Content requirements
| The complaint must relate to the implementation of the Guidelines and be sufficiently substantiated – i.e., supported by sufficient and credible information. There is no obligation to provide evidence, unlike in court. | A substantiated complaint claiming that, due to the failure to fulfil one of the duties outlined in sections 3-9 LkSG, a protected legal position has been violated or is at imminent risk of violation |
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Information considered
| Information provided by the complainants and, if needed, publicly available data; the NCP may consult relevant authorities, business and labour organisations, NGOs, or relevant experts | The principle of official investigation (Amtsermittlungsgrundsatz) applies – BAFA conducts its own investigation based on the facts presented |
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Procedural steps
| Initial assessment to decide whether to accept the complaint; if accepted, the NCP offers support via conciliation or mediation; follow-up on implementation of agreements or recommendations may occur | BAFA examines the complaint and may take further action if warranted; the complainant receives feedback upon conclusion of the review |
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Note: Filing a complaint with the NCP does not preclude submission of an application to BAFA, nor does it prevent BAFA from taking independent action under the LkSG.