Compliance in general
Compliance management will become a kind of “worldwide standard”: There are liability risks for acting persons, which increase the risk of personal claims against management and supervisory bodies for damages arising through regulatory investigations and sanctions (as well as possible image damage as a consequence thereof). Those claims could have been prevented or defused by means of compliance systems. Revenue pressure on managers will continue to increase, which ultimately leads to their having to take even greater risks. Therefore, it is in the interest of managing directors and executive boards, but also supervisory bodies, to minimize their personal liability risks. An essential element in doing so is the introduction of a well-designed compliance management.
Compliance and Employment Law
Aspects relating to employment law initially arise in respect to introducing and implementing compliance regulations for employees (scope of the employer’s right to issue directives, whistleblowing systems, co-determination of the works council, agreements between works council and management, assertion of claims for damages against employees or executive bodies). In addition, numerous guidelines on the content of compliance regulations are found, particularly in labor law and in social insurance law, the non-compliance with which entails substantial liability and sanction risks for the company and the acting executive boards and managing directors (employee assignment, posting of employees, working hours, remuneration, social security law, employee data protection, occupational safety, operational co-determination, work permits, company pension schemes).
Moreover, specific duties requiring action also arise for the employer from labor law guidelines (measures for preventing discrimination, Section 12(1) General Equal Treatment Act and for the elimination of disadvantages, Section 12(3), (4) General Equal Treatment Act ).
Benfits for corporate clients
As legal adviser and counselors of our corporate clients we handle the introduction of compliance systems in their company and ensure that the liability risks remain manageable. We structure the duties that are essential for the company and prepare them in checklists and employee manuals for the managers and employees.
We carry out the necessary coordination with the works council and provide information to business partners and the general public. During the ongoing implementation, we perform the training of managers and certain groups of employees in the company.
In addition, we assist the clients in establishing whistleblowing contact points as well as contact points for clarification in cases of doubt with regard to duties and prohibitions of individual employees in sensitive areas of law (for example, the prevention of corruption).
Elishewa Patterson-Baysal
Attorney and Certified Employment Law Specialist
Comercial Mediator, Compliance Manager (Employment Law)
Emplyomant Law Lecturer
MEIDES Rechtsanwaltsgesellschaft mbH
Eckenheimer Landstraße 46-48, D-60318 Frankfurt am Main
Tel: +49 (0)69 9592979-0, Fax: +49 (0)69 9592979-9
Homepage: www.meides.de
E-Mail: epb@meides.de