Setting up an AGG complaints office: obligations for employers

From the first employee, the German General Equal Treatment Act (AGG) requires employers to designate a complaints office and protect their staff from discrimination and harassment.

In brief: Under §§ 12 and 13 AGG, every employer, regardless of company size, must designate a competent complaints office, publicize it and make the AGG accessible in the workplace. All employers with at least one employee are affected. Anyone who breaches these protective duties risks claims for damages and compensation from employees who have been discriminated against or harassed.

Who is affected by the AGG complaints office?

The duty to set up a complaints office applies to every employer in Germany as soon as it employs at least one person; the AGG has no minimum company size, unlike the dismissal protection rules. This covers sole traders with their first employee just as much as large corporations with several sites. Small businesses in particular often underestimate this duty because they confuse it with larger, formalized compliance structures, yet organizationally a clearly named contact person is already enough. The complaints office also does not necessarily have to be staffed internally: an external body or a designated person of trust can take on this task, which is especially practical for smaller companies without their own HR department. A tool such as Company Audit shows which of these obligations apply to your company in practice.

What do employers need to do in practice?

Employers must officially designate a competent body or person as the AGG complaints office and actively inform all employees of this responsibility and the complaints procedure, for example by notice board, intranet, employee handbook or as part of onboarding new employees. A purely internal arrangement without publicizing it is not enough, because employees must actually know whom to turn to if they have a complaint. In addition, the AGG itself must be made accessible in the workplace so that employees know their rights; a notice on the notice board or a digital copy on the intranet meets this requirement. Managers should be trained on protection against discrimination and on handling incoming complaints, because they are usually the first to receive complaints or to assess behavior in the team. Documented training reduces the risk of being held liable for inadequate prevention in the event of a dispute. When a complaint is received, it must be examined confidentially; the measures considered should be documented in writing so that the handling process can be traced in the event of a dispute.

By when and how often does the duty apply?

The duty exists permanently from the first employment relationship and is not a one-off but an ongoing task: the complaints office and accessibility of the AGG must be communicated again with every new employment relationship, for example during onboarding or when the contract is signed. Training for managers should also be repeated regularly, especially when new managers join, the company structure changes or new sites are created. A complaints office that was set up once and then forgotten effectively no longer meets the legal requirement, because the announcement is no longer current.

What are the consequences of breaching the protective duties?

If an employer breaches its protective duties under §§ 12 and 13 AGG, for example because no complaints office was designated or a complaint was not handled properly, affected employees can assert claims for damages and compensation. Besides the financial risk, in practice the loss of trust within the team often weighs heavily: employees who get the impression that complaints have no consequences report problems less often and are more likely to change employers. Documented AGG training for managers reduces the compensation risk in a dispute because it shows that the employer has actively fulfilled its duty of prevention. Anyone who sets up the complaints office, its announcement and the training properly from the start therefore not only reduces a legal risk but also creates a basis for respectful cooperation in the workplace.

How do you set up the complaints office step by step?

The following five steps summarize the path from designation to the ongoing handling of complaints and can also be implemented in small businesses without their own HR department:

1. Designate the competent body or person as the AGG complaints office.
2. Announce the complaints office and procedure to all employees.
3. Make the AGG accessible in the workplace (notice or digital).
4. Train managers on protection against discrimination and handling complaints.
5. Examine incoming complaints confidentially and document the measures taken.

Frequently asked questions

Does the duty to have an AGG complaints office also apply to small businesses?

Yes. Unlike, for example, the Dismissal Protection Act, there is no minimum number of employees. The duty under §§ 12 and 13 AGG applies from the first employee.

Does the complaints office have to be staffed internally?

No. The complaints office can also be outsourced or handled by a person of trust, as long as the responsibility and the complaints procedure are clearly communicated.

Is a notice of the AGG in the workplace enough?

A notice is a permissible form of announcement, as is digital accessibility, for example on the intranet. What matters is that employees can actually view the law.

What happens when a complaint is received?

The complaints office must examine the complaint confidentially and document the measures taken as a result, so that proper handling can be proven in the event of a dispute.

What is the risk without a functioning complaints office?

If no complaints office is designated or a complaint is not handled properly, employees can assert claims for damages and compensation against the employer.

Source: §§ 12, 13 AGG. This article is general information and does not replace legal advice in individual cases. As of: July 2026.