In the area of economic criminal law, labour criminal law is playing an increasingly important role. This legal term includes all regulations that sanction violations of basic standards of the socially ordered working life. A large subcategory of the labour criminal law is the employer criminal law, which deals with violations by the employee against the interests of the employer or violations by the employer against mandatory regulations in an employment relationship.
In addition to the core criminal law regulations of the StGB, the relevant laws such as the Temporary Employment Act (Arbeitnehmerüberlassungsgesetz, AÜG) and the Law on Combating undeclared work (Schwarzarbeitsbekämpfungsgesetz, SchwarzArbG) as well as the Social Code III (Sozialgesetzbuch III, SGB III) are also of great practical relevance.
Subjects of labour criminal proceedings are often the illegal employment of foreigners according to Section 404 SGB III or the illegal commissioning and employment as well as the fake self-employment. The legislator’s intention to combat fake self-employment gets evident by the fact that fake self-employment can constitute both a criminal denial and embezzlement of wages in accordance with Section 266a StGB as well as a case of tax evasion and undeclared work in accordance with the SchwarzArbG. In the case of non-compliance with these rules, an employer is liable within the bounds of the labour criminal law not only to severe penalties, but also to substantial social security back payments and high surcharges.
In this respect, the employer criminal law includes in particular:
Offences according to the the SchwarzArbG, e.g. the illegal employment of foreigners according to Sections 10,11 SchwarzArbG,
the illegal transfer of workers in accordance with Section 15 et seq. AÜG,
offences under Section 21 of the Minimum Wages Act (MiLoG)
wage usury as a case of Section 291 StGB,
trafficking for the purpose of labour exploitation according to Section 233 StGB,
breach of a trade and business secrets pursuant to Section 122 StGB,
betrayal of business and business secrets pursuant to Section 17 UWG,
non-payment of social security contributions according to Section 266a StGB,
the (wage) tax evasion according to Section 370 et seq. AO,
as well as offences in connection with the activities of works constitution organs pursuant to Section 119 et seq. of the Business Constitution Act (BetrVG).
Just as there are numerous sanctioning regulations in the labour criminal law, there are also different defense strategies. As an experienced legal advisor of companies and defense lawyer in Frankfurt am Main, Mr. Klengel advised successfully and defended effectively a large number of companies, employers, and employees in all areas of the labour criminal law.
Often, he also represents the interests of companies and employers, if they have suffered damages by their own employees or from outside.
He acquires a comprehensive overview of the situation immediately and develops, on the basis of his many years of practical experience in this field, an effective strategy adapted to the respective needs of the company or the client. He also negotiates with public prosecutors, social security institutions, professional associations and customs offices, as well as with the financial authorities.