HR compliance and investigations
In the field of employment law, there are numerous legal requirements which must be complied with and the number of official investigations into relations with false self-employed workers (Scheinselbständige), compliance with working hours legislation and data protection requirements has increased substantially in recent years, and the importance of competent compliance advisers has grown accordingly.
Reviewing compliance in employment law terms can take several forms. One common possibility is the introduction of compliance systems which are designed to prevent breaches of law and to flag up any breaches that do occur in individual cases. Reactive reviews are also possible, ie reviews following discovery of a breach. A precautionary compliance review is also often recommended, together with corresponding training sessions, as necessary; such reviews can, at best, prevent breaches and at the same time serve as evidence of compliant conduct. All three steps require detailed knowledge of the individual company, the corporate group and the relevant sector.
Our lawyers have a wealth of experience in these fields. They form an established team which has successfully provided support to numerous clients on the introduction, review and updating of their systems in the past.
Scope of services
- Establishing a tailored compliance management system (CMS) and corresponding documentation
- Providing support in the event of official investigations
- Developing a code of conduct in the event of official investigations and conducting corresponding preparatory training sessions (mock raids)
- Advising and representing clients in the event of legal disputes
- Drafting and negotiating works agreements
- Reviewing existing systems and processes in light of compliance requirements (eg in respect of data protection requirements, works constitution legislation or criminal law)
- Providing training on all aspects of HR compliance
A few references
- A leading global healthcare company in connection with internal bribery investigations leading to a member of the works council being issued with extraordinary notice of termination.
- A leading German shipping company on a global internal compliance audit relating to corruption at international ports.
- A leading German shipping company on planning and implementing a global compliance management system.
- A leading German energy supplier in connection with compliance with statutory requirements under the German Working Hours Act. Conducting internal workshops and training sessions on working hours and discrimination for all staff.
News & insights
Publications: 11 JUNE 2021
On 11 June 2021, the German parliament approved the Federal Act on Entrepreneurial Due Diligence Obligations in Supply Chains (“Gesetz über die unternehmerischen Sorgfaltspflichten zur Vermeidung von…Read more
News: 11 MAY 2021
Allen & Overy advises Franz Haniel & Cie GmbH on the sale of ELG Haniel GmbH ("ELG") to Luxembourg-based steel producer Aperam S.A.Read more
News: 23 APRIL 2021
Allen & Overy has advised House of HR, the leading European service group active in the field of HR, in connection with the implementation of its German expansion plans by the acquisition of German…Read more
Publications: 19 APRIL 2021
After weeks of tough wrangling, the Federal Cabinet has decided to oblige companies throughout Germany to offer coronavirus tests to their employees. This obligation will be included in the SARS-CoV-2…Read more