The Bundestag has permanently extended the Package Courier Protection Act. This keeps the responsibility of contracting parties in the parcel sector for the social security contributions of their subcontractors firmly anchored. For many companies in the transport and logistics sector, this is more than a legal formality – it affects the daily practice of awarding contracts and the organization of their supply chains.
Permanent responsibility in the supply chain
With the entrenchment of the law, which the Bundestag decided in mid-October, a previously time-limited regulation is permanently incorporated into labor law. According to the federal government, this is intended to ensure that parcel service providers who award contracts to subcontractors remain liable for the proper remittance of social security contributions. The goal is to prevent wage and social dumping in the growing parcel market.
The law had been introduced in 2019 after numerous violations by subcontractors had come to light. At the time, the legislature obliged contracting parties for the first time to stand surety for
the social contributions of their subcontractors – similar to what has applied in the construction industry for years. The authorities responsible for oversight are the Customs Administration and the German Pension Insurance.
Bundesrat demands additional regulatory powers
Accompanying the entrenchment, the Bundesrat dealt with the government draft. In its statement on the “Law on the New Regulation of machinery-related provisions and on the Amendment of the Package Courier Protection Act,” the state chamber called on the government to be equipped with an additional regulation empowerment. This should make inspection and approval procedures in times of crisis more flexible.
The government rejected this demand in its counterstatement. It pointed out that the existing legal bases were sufficient. At the heart of the reform this changed nothing: the liability of contracting parties remains and is continued.
PQ KEP prequalification procedure establishes itself as industry standard
The Federal Association of Parcel and Express Logistics (BPEX) welcomed the decision explicitly. The Package Courier Protection Act has proven itself in practice,
the association states. It highlights the benefit of the industry-developed testing procedure “PQ KEP prequalification,” abbreviated PQ KEP. It serves to verify whether subcontractors fulfill their social-security obligations.
The procedure was introduced in 2019 and is conducted by the independent and sole accredited prequalification body Zertifizierung Bau GmbH. According to BPEX, more than 1,800 companies have already obtained the demanding certification. An evaluation by the federal government at the end of 2023 had confirmed that the PQ KEP testing procedure is the most effective instrument to ensure compliance with the social-security obligations of subcontractors.
„With the PQ KEP certification seal, we have an established procedure that ensures social responsibility and legally secure processes across the entire supply chain,“ said BPEX Chairman Marten Bosselmann. “The seal has become a fixed part of contract awarding.”
Need for digital administration
Despite the positive balance, the industry sees further need for action. Bosselmann called for greater digitization of the processes around the testing procedure.
„We finally need truly digital processes,
especially in issuing clearance certificates by the health insurers,“ said Bosselmann. “The procedure must not get stuck in PDF management, but must run fully automatically.”
In practice, this means: companies that regularly employ subcontractors should in the future be able to rely more on digital proofs and automated interfaces. This would not only simplify administration but also improve legal protection during inspections.
Connection with the Post Rights Modernization Act
With a view to the Post Rights Modernization Act (PostModG) that has been in force since 2024, the association calls for close coordination between the regulations there and the Package Courier Protection Act. A yet-to-be-issued regulation under the PostModG is to set additional obligations for contracting parties.
„This regulation must be harmonized with the existing provisions of the Package Courier Protection Act,“ emphasized Bosselmann. “We do not need additional layers of bureaucracy or duplicate obligations. Instead, the proven PQ KEP procedure should be further developed as a central and already tested system and recognized in both legal
