While some time ago it was mainly construction companies or the catering industry that regularly faced customs inspections for undeclared work and illegal employment, these accusations now often affect other business sectors, such as outpatient care services, among others.
All in all, so-called labour criminal law encompasses a large number of criminal and administrative offence provisions, which in turn are found in a wide variety of laws, such as the Posted Workers Act, the Temporary Employment Act, the Occupational Health and Safety Act, the Working Hours Act, the Criminal Code or the Administrative Offences Act.
The most common allegations are
- Withholding social security contributions (§ 266 a StGB)
- Undeclared work (SchwarzArbG)
- Transferring and hiring out workers (AEntG, AÜG)
- Employment agency services (AVermV)
- Labour protection and working time violations (ArbSchG, ArbZG)
- Usury, minimum wage violations (§ 291 StGB, MindestlohnG)
- Violation of supervisory duties (§ 130 OWiG)
Competent and specialised legal advice should be called or consulted on site at the latest during investigative measures such as customs inspections, searches, police summonses.
In addition to the actual accusation and the resulting criminal or administrative sanctions, which in themselves can be considerable for the accused and serious for the company concerned, there are other possible secondary consequences that must not be overlooked. For example, there is the risk of entries in the trade register, which in turn can lead to exclusion from the award of public contracts.
I specialise in the defence of labour law offences and have extensive experience with parties involved, such as customs authorities and the like. Cooperation with colleagues specialised in labour law is a matter of course.