“Labor law is increasingly turning into a US-style sanctions law. Whereas previously the safeguarding of (minimum) working conditions was left to the parties to the employment contract and employee representatives, now almost every violation of a labor law provision is punishable as a criminal offense, or at least as an administrative offense. Labor law is increasingly becoming criminal labor law, while “human resources” is increasingly becoming a compliance issue. There is no better illustration of the risk but also the solutions for HR compliance than the commissioning of external personnel on the one hand and the remuneration of members of works councils on the other. The shortage of skilled workers is fueling the need for freelance experts in companies. However, these must be used in compliance with the law in order to avoid criminal risks.
In a sensational ruling at the beginning of 2023, the Criminal Senate of the Federal Court of Justice placed the remuneration of works council members under a diffuse “embezzlement risk” and thus not only left those responsible in the company largely alone in determining legally compliant remuneration, but also placed an enormous burden on the culture of co-determination in the company.
However, compliance expertise is not yet sufficiently anchored in HR departments; on the other hand, the sensitivity of HR topics is not yet fully integrated into compliance departments. We therefore want to discuss challenges and solutions for compliance and HR departments with you using the two most current HR compliance topics.”
Further information on the event can be found in our flyer.
You can register for the event HERE.