Compliance & internal investigations
Companies are increasingly exposed to stricter rules due to stricter legal requirements or official measures. Violations of these rules are consistently punished, with considerable liability risks for the companies. Furthermore, there is also the threat of criminal sanctions, as shown, for example, by excessive compensation for works council members.
Another problem is corruption by employees. A classic situation is the awarding of consulting contracts, especially in connection with so-called kick-back payments. This also includes active bribery, for example of public officials, in order to accelerate government services (so-called facilitation payments).
We assist employers in the introduction of compliance management systems, in which various co-determination rights of the works council must be observed. Furthermore, we also support our clients in internal investigations and inquiries. Here, the focus is on fast and consistent action within the framework of data protection law.
Our range of activities includes, among other things:
- Accompaniment of internal investigations for clarification and preservation of evidence
- Prosecution of legal violations through suspicious dismissals and enforcement of claims for damages
- Co-design of compliance management systems, for example in the areas of corruption, minimum wage and use of external personnel
- Negotiations with the works council on the introduction of compliance management systems
- Compensation compliance for works councils under works constitution law
We have recently published a practice-oriented guide on works council compensation and its legal limits with Beck-Verlag.