Labour Crimial Law
Labour Criminal Law is an issue for bosses.
Every employer has a multitude of obligations towards his employees, which arise both from the core provisions of the criminal code and, in particular, from the many individual laws outside the criminal code. The employer responsible cannot evade these obligations through their delegation. If there are indications of employer negligence, criminal investigations and fine proceedings are initiated - more and more frequently. Company managers therefore need to carefully consider which minimum standards must be observed. For example, failure to pay employee contributions, failure to register bogus self-employed workers, and violations of occupational safety and health are regularly the subject of investigative proceedings. Especially in the case of accidents at work, in addition to the negative publicity generated, there is the threat of responsibility being placed upon all management levels of a company with unforeseeable consequences. As well as the defence of individual responsible parties, consultation on labour criminal law therefore includes preventative advice for companies and crisis advice in the event of damage. In addition to individual sanctions, serious consequences threaten the company. An entry in the central trade register can mean financial ruin for a business, as can the seizure of assets. Therefore, advice on compliance under labour law is a must for every company.
Advice and defence in these complex matters should be placed in competent hands. The firm's specialists have many years of experience and expertise, particularly in these areas:
- The criminal offences of withholding and embezzlement of wages, trafficking in human beings for the purpose of labour exploitation, and payrobbers, as defined in the German Criminal Code
- Health and safety specific issues of the German Criminal Code such as negligent bodily injury or death at the workplace, as well as construction hazards
- Offences and misdemeanours standardised in ancillary laws - such as in particular: ArbSchG, ArbSiG, ArbZG, AltersteilzeitG, AEntG, AÜG, AufenthG, BetrVG, JArbSchG, MiLOG, MuSchG, SchwarzArbG, SGB III, SGB IV
- Compliance under labor law, including issues regarding social insurance status determination
- Criminal data protection law and employee monitoring, due to violations of the personal, private sphere
- Protection of social data
- Effects under tax and criminal tax law in addition to income tax liability
- Fleet management and traffic law consequences, especially in road freight transport
- Effects of labour criminal law on public law issues such as unreliability under commercial law and competition law