The Bundestag has permanently extended the Package Courier Protection Act. Thus the responsibility of contracting parties in the parcel sector for the social security contributions of their subcontractors remains 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 organizing their supply chains.
Permanent Responsibility in the Supply Chain
With the indefinite extension of the law, which the Bundestag decided in mid-October, a previously time-limited regulation is being permanently transferred into labor law. According to the federal government, this is intended to ensure that package service providers who award contracts to subcontractors continue to be liable for the proper remittance of social security contributions. The aim 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 become known. At that time, the legislature first obliged the contracting parties to stand surety
for the social contributions of their subcontractors – similar to what has applied in the construction industry for years. Responsible for enforcement are the customs administration and the Deutsche Rentenversicherung.
Bundesrat demands additional regulatory powers
In parallel to the indefinite extension, the Bundesrat dealt with the government draft. In its statement on the “Law to Regulate Machinery-Related Provisions and to Amend the Package Courier Protection Act,” the Federal Council demanded to equip the federal government with an additional regulation mandate. This would make inspection and approval procedures in crisis times more flexible.
The Federal Government rejected this demand in its counterstatement. It pointed out that the existing legal bases were sufficient. At the core of the reform, that did not change: the liability of the contracting parties remains in place and is carried forward.
PQ KEP verification procedure becomes an 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, according to the association. It highlights the value of the industry-developed verification procedure “Prequalification KEP,” abbreviated PQ KEP. It serves to verify whether subcontractors fulfill their social-security obligations.
The procedure was introduced in 2019 and is carried out 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 verification 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 throughout the entire supply chain,” said BPEX chairman Marten Bosselmann. “The seal has become a permanent component of contract awarding.”
Need for Digital Administration
Despite the positive balance, the industry sees further need for action. Bosselmann called for the processes surrounding the verification procedure to be digitalized more extensively.
“We finally need consistently digital processes, especially in issuing clearance certificates by 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 increasingly rely on digital proofs and automated interfaces. This would not only simplify administration but also improve legal protection during audits.
Link to the Post Rights Modernization Act
With regard to the Post Rights Modernization Act (PostModG), which has been in force since 2024, the association calls for close coordination between the regulations there and the Package Courier Protection Act. An outstanding regulation under the PostModG is to specify additional duties 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 levels of bureaucracy or double obligations. Instead, the proven PQ KEP procedure should be further developed as a central and already tested system and recognized in both legal
