CRIMINAL AND EMPLOYMENT LAW

The combination of criminal and employment law is a separate and highly complex aspect of corporate criminal law. The growing predominance of European provisions in employment law, the links between employment law and criminal law on the one hand and special administrative offences law on the other side have caused "criminal and employment law" to become established as a partial specialism which requires special knowledge because of the way it overlaps with individual and collective employment law, social law, administrative law and public procurement law.

Our criminal defence law firm underlines its outstanding qualifications in this area by the publication of the monograph "Arbeitsstrafrecht" (Criminal and employment law) in the series on practical criminal defence work published by C.H. Beck; the book was written by the partners who give their names to the law firm, who are experienced defence lawyers.

The central laws which define criminal and employment law are directed at employers, so we could also refer to this area as a special employer criminal law area, as a special case within corporate criminal law.

Posting of Workers Act (AEntG)

 

Temporary Employment Act (AÜG)

 

Working Hours Act (ArbZG)

 

Occupational Safety and Health Act (ArbSchG)

 

Residence Act (AufenthG)

 

Asylum Procedure Act (AsylVfG)

 

Works Constitution Act (BetrVG)

 

Youth Employment Protection Act (JArbSchG)

 

Maternity Protection Act (MuSchG)

Black Labour Act (SchwarzArbG)

 

Vol. III of the Social Code (SGB III)

 

Vol. IV of the Social Code (SGB IV)

The area also includes the classical crimes and offences listed in the German Criminal Code (StGB):

  • Fraudulent practices in contribution compliance / expenses fraud

  • Withholding & misappropriation of wages

  • Exploitative low wages / human trafficking to exploit workers

In addition, a variety of special tax requirements and tax crimes must be taken into account in relation to the relevant contribution fraud offices in various constellations:

  • Obligations of notification

  • Formalised status of an accused person

  • Legal consequences of a sentence

  • Tax evasion and black labour

  • Tax offences law and the provision of temporary employees

  • Criminal tax law and the temporary posting of workers

  • General contractor liability

A special focus must also be placed on all legal consequences in relation to public law issues:

  • Entry in the central trade and industry register

  • Entry in the corruption register

  • Exclusion from competition

  • Prohibition of further trade activity

  • Reversal/non-award under the Road Haulage Act (GüKG)