Labor criminal law can be an issue, particularly in the area of working time and employee protection (occupational health and safety), as these — often very complex matters — violations of law are (also) punished with very significant administrative penalties.
Violations of allegations of wage and social dumping are particularly strictly sanctioned and controlled. Not all employers are aware that this not only covers the remuneration of foreign workers, but also that domestic employment contracts must be billed and paid in accordance with collective agreement requirements, otherwise there may be severe penalties. Classification deficiencies and errors in the crediting of previous work are also prosecuted under labor law. In order to minimize risks for our clients, we are happy to and precisely check whether the collective agreement remuneration and classification of employees has been carried out correctly within the company. It is often overlooked that the incorrect legal application of working time models can also lead to wage and social dumping.
Violations of social security reporting and contribution regulations can also result in administrative criminal consequences and cause considerable difficulties, particularly if, as is often the case, a plurality of employees — for example by a potentially incorrect statement of social security contributions — are affected.
In these and other matters of employment criminal law, we provide ongoing advice to our clients, assist them in negotiations with labor inspectorates, social security agencies or other competent institutions and authorities and, if necessary, represent them in administrative criminal proceedings.
The establishment of whistleblower systems serves not only to detect breaches of duty and criminal law within the company, but also in particular to prevent and prevent such violations. We also support our clients in this area with our in-depth expertise.