Labor criminal law

As a sub-area of the commercial law and the law regarding fiscal offenses, the labor criminal law includes those criminal and fine provisions that address the parties involved in their social role as employees and employers.

As a sub-area of the commercial law and the law regarding fiscal offenses, the labor criminal law includes those criminal and fine provisions that address the parties involved in their social role as employees and employers. The more and more increasing decree of regulation in the working environment has resulted in comprehensive sanction risks especially for an employer. These apply to breaches of duties under social and fiscal law just as violations of provisions concerning occupational health and safety, working hours, the minimum wage, moonlighting or the protection of business secrets. The provisions to be observed are not only to be found in the core criminal law (e.g., Sec 222, 229 and Sec 266a StGB) but also in numerous subsidiary laws (Control of Unreported Employment Act (SchwarzArbG), Temporary Employment Act (AÜG), Occupational Safety and Health Act (ArbSchG), Minimum Wage Act (MiLoG), Working Hours Act (ArbZG), Law on the Protection of Trade Secrets (GeschGehG, etc.).

The lawyers of our firm advise and defend employees, employers and companies on all workplace-related criminal and administrative offense proceedings and – for the avoidance of risks of sanctions – preventively too. In recent years, our activities focused, for example, on the areas of construction/scaffolding and care facilities. We work closely with colleagues acting in labor and social law and contribute our expertise in criminal law that is proven by a large number of publications and lectures, in particular by the standard work “Gercke/Kraft/Richter, Arbeitsstrafrecht – Strafrechtliche Risiken und Risikomanagement” (C.F. Müller, 3rd ed. 2021).