Criminal employment law
Criminal employment law is concerned with the criminal liability that may arise – legally or factually – from the position of being an employer. First of all, this relates to the risks under criminal law that are linked to the conditions and structure of the employment relationship – issues such as the “classic” cash-in-hand jobs, fictitious self-employment, breaches of minimum wage provisions or illegal temporary employment. Moreover, when employing workers from non-EU countries, employers are required to comply with the provisions regarding residency status and work permits.
In addition, in the aftermath of work-related or industrial accidents, employers or other persons in charge, such as occupational health and safety specialists, are often charged with negligently causing personal injury under section 229 of the German Criminal Code or involuntary manslaughter under section 222 of the Code.
Last but not least, criminal employment law, or administrative offence proceedings under employment law, also deal with offences covered by a multitude of supplementary German legislation, such as the Act Concerning Health and Safety in the Workplace, the Occupational Safety Act, the Working Hours Act, the Employees’ Representation Act, the Maternity Protection Act, the Act to Combat Undeclared Work and Unlawful Employment along with the Social Security Code IV.