EMPLOYMENT LAW COMPLIANCE

The aim of compliance is to ensure the lawful conduct of board members, managers and employees and to create and maintain trust, for example among employees, investors or customers.

In short: Compliance shall be equated with the fulfilment of duties and behaviour in accordance with the rules. A functioning compliance structure protects entrepreneurs and companies.

We provide preventive advice on setting up a “compliance-proof” organisation. Together with our clients, we develop structures and processes to prevent or even detect violations of the law.

Our range of services also includes compliance checks under employment law – we check for compliance with relevant regulations and the resulting risks, such as:

  • General supervisory duty of the business owner, also for small businesses according to §130 OWiG {Act on Regulatory Offences} (up to € 1 million fine for violation)
  • Obligation to set up an early risk detection system for management board members (§ 93 (2) AktG or § 43 GmbHG)
  • Employee and employee data protection (§ 4 f BDSG {Federal Data Protection Act}, DSGVO {GDPR = General Data Protection Regulation}
  • Obligation to comply with the maximum working time limits under the Employment Act, as well as the documentation requirements under the Minimum Wage Act (§ 21 (1) No. 7, (3) MiLoG)
  • Protection from forbidden discrimination (e.g. § 12 AGG {General Act on Equal Treatment})
  • Employee protection (e.g. § 3 ArbSchG {Act on the Implementation of Measures of Occupational Safety and Health}, § 6 ASiG {Act on Occupational Safety Specialists})
  • Reporting obligations on § 52a (2) BlmSchG {Federal Emission Control Act}
  • Compliance with social security and payroll tax regulations
  • Observance of the co-determination obligations (§§ 119 f. BetrVG {Works Constitution Act}): e.g. correct remuneration of works councils according to § 37 BetrVG

Together with our clients, we develop a practicable and acceptable compliance organisation appropriate to the company and its business objectives, with the following contents:

  • Identification of current and future risk to the company
  • Identification of the current measures and processes for prevention, as well as for a warning system (e.g. “Whistleblowing” – hotline)
  • Cataloguing of existing control and intelligence measures
  • Catalogue of measures to be penalised
  • Comparing risks and measures and weighing up all legal interests: Measures may not be disproportionate or even punishable, observance of co-determination rights
  • Request information from the responsible authorities where necessary
  • Evaluation of the further approach and continuous improvement of the compliance organisation (with the involvement of the works council) according to the principle “prevent – detect – react”
  • Criminal law compliance in the areas of illegal employment – corruption – unfair competition
  • Enforcement and defence of civil liability claims
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