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Human Rights

Policy Statement on the Human Rights Strategy

In this statement of principles, Max Bögl Stiftung & Co. KG recognizes the fundamental (in particular those addressed in § 2 of the LkSG and the annex to § 2) human rights and therefore strives to ensure that these human rights are upheld both contractually and in practice within the scope of its business activities.

To this end, it has appointed a human rights officer, which is intended to give this policy statement practical relevance.

To this end, the company has implemented a risk management system within its procurement management for goods, works, and services that is designed to identify, prevent, terminate, or at least mitigate risks and violations of legal rights along its supply chain that are (co-)caused by the company, within an appropriate framework.

This includes an appropriate risk analysis (upon introduction of the system, with annual evaluation and ad hoc updates in the event of changes to the risk situation). The risk analysis is conducted by examining the company’s own business operations as well as those of its direct suppliers with regard to risk factors such as affected industries, business segments, product groups, operational structures, individuals acting in their personal capacity, production sites, countries of origin of raw materials used, or political conditions. The resulting risks are prioritized, in particular, based on the likelihood and severity of an existing or imminent legal violation, as well as Max Bögl Stiftung & Co. KG’s practical ability to effectively mitigate or prevent the legal violations in question.

Max Bögl Stiftung & Co. KG has established a system of preventive measures to implement the objectives of the Policy Statement outlined here in its day-to-day business operations and to make them an integral part of the affected business processes (particularly in procurement).

Within Max Bögl Stiftung & Co. KG itself, this is achieved through an analysis of business processes with regard to human rights-related risks across all business areas, with a practical focus on occupational safety issues. An online training program is being developed for Max Bögl Stiftung & Co. KG’s own employees, which can include all employees involved in risk-related activities and allows for monitoring of participation. As part of audits to be conducted by Internal Audit (at least on a random basis), a risk-based review will be performed to determine whether the human rights strategy outlined here has been implemented in operational practice within the company’s own business area.

Procurement processes contribute to the objectives of this Policy Statement primarily through the selection of direct suppliers who have committed to conducting business in a manner sensitive to human rights and who, in turn, provide the greatest possible assurance of compliance with contemporary human rights standards; To this end, Max Bögl Stiftung & Co. KG may also draw upon externally available databases containing information on reported, objectively verifiable violations by potential suppliers.

Another key element is the contractual obligation of direct suppliers to adhere to contemporary human rights standards—in particular in accordance with the LkSG, but also with the Code of Conduct for Contractual Partners of the Max Bögl Group and in accordance with the principles of the EMB Value Management System for the Construction Industry (including a substantial obligation to pass on these requirements to indirect suppliers as well). The direct supplier must, at a minimum in cases of suspected violations relevant to the LkSG, allow external audits to be conducted by Max Bögl Stiftung & Co. KG or its designees and, in such cases, demonstrate corrective measures as well as enhanced prevention (e.g., through internal training).

In accordance with the prioritization established in the risk analysis, the effectiveness of the preventive measures is reviewed annually (or as needed) on a random basis; any identified gaps or doubts regarding effectiveness are addressed accordingly.

If violations of the obligation to protect the human rights obligations at issue here are identified, Max Bögl Stiftung & Co. KG will provide a system of corrective measures to remedy them or prevent them in the future, and it will decide on appropriate corrective measures on a case-by-case basis.

Human rights violations within the scope of Max Bögl Stiftung & Co. KG must be remedied without exception and without delay, and impending violations must be prevented; their existence and their resolution must be brought to the attention of the responsible member of the Executive Board immediately.

Violations at direct suppliers that come to the attention of Max Bögl Stiftung & Co. KG must also be investigated immediately, and, to the extent that this offers a prospect of remedy, appropriate measures must be taken to end or minimize them. The initiation and nature of the measures depend on the scope, severity, and duration of the violations, as well as on the realistic scope of influence available to Max Bögl Stiftung & Co. KG to remedy or mitigate them.

A plan to prevent such violations may be developed in cooperation with the affected direct supplier; but may also result in a threat to or actual termination of further business relations, either by Max Bögl Stiftung & Co. KG alone or—provided it does not violate antitrust law—in conjunction with its market competitors. In the case of serious, persistent, or deliberately concealed violations, and in cases of obvious intransigence, extraordinary termination of the business relationship will be threatened and seriously considered; in very serious cases, this will also be consistently carried out.

In cases where Max Bögl Stiftung & Co. KG obtains substantiated knowledge of violations attributable to indirect suppliers, it will investigate the matter—to the extent legally and practically feasible—and, within this framework and based on the findings obtained, consequences regarding possible future preventive measures as well as necessary internal and external measures to prevent or minimize such violations in the future. The nature and scope of these measures also depend on the reliability of the underlying information regarding the violations, the severity of the violations, and, furthermore, to what extent any measures that Max Bögl Stiftung & Co. KG might need to implement would realistically reduce or prevent the specific violations.

Max Bögl Stiftung & Co. KG maintains an appropriate and transparent whistleblower system that is designed to uncover internal or—throughout the entire supply chain—external human rights violations or to investigate allegations thereof. Reference is made to the rules of procedure for whistleblowers and ombudspersons—which are accessible online without barriers—as well as to the procedures outlined therein and the assurances provided. The system is evaluated annually (and as needed) and adjusted as necessary.

Max Bögl Stiftung & Co. KG will fulfill its documentation and reporting obligations in accordance with Section 10 of the LkSG in a timely and appropriate manner. This report covers all LkSG-relevant incidents, reports, audits, audit results, case-specific internal and external measures, conceptual changes, conceptual additions, and, where applicable, internal efficiency assessments. The internal documentation is not public and may therefore contain trade and business secrets.

The Executive Board