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
News: 20 OCTOBER 2021
Allen & Overy has advised private equity house Bridgepoint on the acquisition of a majority stake in PTV Group ("PTV"), a leading global software company for traffic simulation and planning as well as…Read more
News: 15 OCTOBER 2021
Allen & Overy has advised VASS Consultoría de Sistemas S.L., the Madrid-based portfolio company of US private equity investor One Equity Partners (OEP) which specialises in Customer Experience…Read more
News: 04 OCTOBER 2021
Allen & Overy has advised Evergreen Garden Care Deutschland GmbH (“Evergreen”) in connection with the acquisition of all shares in gpi green partners international GmbH & Co. KG.Read more
News: 22 SEPTEMBER 2021
Allen & Overy has advised the Association of Sparda Banks (Verband der Sparda-Banken e.V.) in connection with the preliminary collective agreement with the Verdi/EVG trade unions.Read more