Compliance and employment law are two areas that strongly overlap. Many compliance measures are subject to the co-determination rights of the works council, collide with the restrictions of employee data protection or are triggered by employment and social law liability risks. Our deep understanding and expertise in both areas allow us to join these conflicting strands for our clients and search for meaningful solutions.

The range of our activities includes the following tasks:

  • Organization of internal investigations, either through an active presence or involvement behind the scenes
  • Preparation of terminations for suspected misconduct and enforcement of damage claims under the scope of internal investigations
  • Implementation of contractor compliance to provide for reduced risk in using outside personnel
  • Minimum wage compliance
  • Compensation compliance for works council members under works constitution law
  • Compensation compliance for banks and insurance companies
  • Drafting of codes of ethics/codes of conduct
  • Whistleblowing
  • Employee screening, terror list screening
  • Legal structure of background checks
  • Negotiation with works councils of elements of compliance management systems (CMS) subject to co-determination

To warrant an effective and professional framework for internal investigations, we avail ourselves, where needed, of a tried and true network of highly specialized and experienced legal colleagues such as in criminal law, as well as of non-legal advisors such as IT forensics experts.

Our specialists for questions related to compliance and internal investigations are Dr. Thilo Mahnhold and Dr. Daniel Klösel, who have not only written their doctoral theses on these topics, but have also written numerous publications on Compliance.

These topics have been discussed regularly in our Client Newsletters as well as in our regularly held Breakfast Club.

JUSTEM Rechtsanwälte