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Law on mandatory working conditions for workers posted on a cross-border basis and employed regularly in the home country

Original Language Title: Gesetz über zwingende Arbeitsbedingungen für grenzüberschreitend entsandte und für regelmäßig im Inland beschäftigte Arbeitnehmer und Arbeitnehmerinnen

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Law on mandatory working conditions for workers posted on a cross-border basis and employed on a regular basis in Germany (Employees ' Posting Act-AEntG)

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AEntG

Date of completion: 20.04.2009

Full quote:

" Employees ' Posting Act of 20 April 2009 (BGBl. 799), as last amended by Article 6 of the Law of 11 August 2014 (BGBl. I p. 1348).

Status: Last amended by Art. 6 G v. 11.8.2014 I 1348
External force is in accordance with the invention. Art. 15 (2) G v. 11.8.2014 I 1348 is taken into account

For more details, please refer to the menu under Notes

Footnote

(+ + + Text proof: 24.4.2009 + + +) 
(+ + + For application cf. § 13 G v. 11.8.2014 I 1348 (MiLoG) + + +)

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Input formula

The Bundestag, by a majority of its members and with the consent of the Bundesrat, has adopted the following law:

Section 1
Objective

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§ 1 Objective

The objectives of the Act are the creation and enforcement of appropriate minimum working conditions for cross-border posted and regularly employed workers, as well as the guarantee of fair and -the extent to which the rules of competition are extended by the extension of the legal standards of sectoral agreements. The aim is to maintain employment subject to social security contributions and to safeguard the functioning of collective bargaining and the peaceful functioning of collective bargaining.

Section 2
General working conditions

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§ 2 General working conditions

The provisions contained in laws, regulations or administrative provisions relating to:
1.
the minimum rates of pay, including overtime rates;
2.
paid minimum annual leave,
3.
maximum working hours and minimum rest periods,
4.
the conditions for the transfer of labour, in particular by temporary employment agencies,
5.
safety, health and hygiene at work;
6.
the safeguard measures in relation to the working and employment conditions of pregnant women and workers who have recently given birth, children and young people; and
7.
equal treatment of men and women and other non-discrimination provisions
It is also mandatory to find employment relationships between an employer based abroad and its domestic workers and employees.

Section 3
Working conditions for collective agreements

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§ 3 Working conditions of collective agreements

Under the conditions laid down in § § 4 to 6, the legal standards of a nationwide collective agreement also apply to employment relationships between an employer based abroad and his/her within the territorial scope of this collective wage agreement. Employees and employees are mandatory if the collective agreement is declared to be a collective agreement in accordance with § 4 (1) (1) or a legal regulation pursuant to § 7 or § 7a is present. A nationwide collective agreement does not require, to the extent that working conditions within the meaning of § 5 (2) or (3) are the subject of collective agreements, which in summary cover the entire scope of this law. Unofficial table of contents

§ 4 Industries

(1) § 3 applies to collective agreements
1.
the main construction industry or the construction industry in the sense of the Construction Company Regulation of 28 June 2009. October 1980 (BGBl. 2033), as last amended by the Regulation of 26 April 2006 (BGBl I). 1085), as amended, including the provision of assembly facilities on construction sites outside the place of business,
2.
the cleaning of buildings,
3.
for postal services,
4.
for security services,
5.
for mining specials on coal mines,
6.
for laundry services in the contract business,
7.
the waste management, including road cleaning and winter service,
8.
for education and training services in accordance with the Second or Third Book of the Social Code and
9.
for slaughtering and meat processing.
(2) § 3 shall also apply to collective agreements of all industries other than those referred to in paragraph 1, if the extension of the legal norms of the collective agreement appears in the public interest in order to achieve the legislative objectives referred to in § 1 and, in particular, to counteract displacement competition over wage costs. Unofficial table of contents

§ 5 Working conditions

The subject of a collective agreement according to § 3 may be
1.
minimum rates of payment which may differ according to the type of activity, qualification of employees and workers, including overtime rates;
2.
the duration of the holiday leave, the holiday fee or an additional holiday allowance,
3.
the confiscation of contributions and the granting of benefits in connection with the holiday claims referred to in point 2 by a common establishment of the parties to the collective bargaining agreement, if it is ensured that the foreign employer is not at the same time contributions to the joint establishment of the parties to the collective bargaining agreement and to a comparable institution in the State of its seat, and the procedure for the joint establishment of the parties to the collective bargaining agreement shall be taken into account by the Services provided by the foreign employer for the purpose of fulfilling the has already been provided by the employee or his/her employee in accordance with the law, collective agreement or individual contractual leave, and
4.
Working conditions within the meaning of § 2 (3) to (7).
The working conditions set out in the first sentence of the first sentence of 1 to 3 shall also include provisions on the maturity of such claims, including any agreed exceptions and the conditions of such derogations. Unofficial table of contents

§ 6 Special provisions

(1) This section shall not apply to first-time installation or installation works which are part of a supply contract, which are essential for the commissioning of the delivered goods and which are carried out by skilled workers or skilled workers workers or workers of the delivery company are executed if the duration of the posting does not exceed eight days. Sentence 1 shall not apply to construction services within the meaning of Section 101 (2) of the Third Book of the Social Code and not to working conditions pursuant to § 5 No. 4. (2) In the case of a collective agreement pursuant to § 4 (1) No. 1, this section shall apply if the In accordance with § 101 (2) of the Third Book of the Social Code (3) In the case of a collective agreement in accordance with § 4 (1) no. 2 This section shall apply if the holding or the self-employed business unit (4) In the case of a collective agreement in accordance with § 4 (1) no. 3, this section applies if the company or the self-employed business department is predominantly commercial or commercial In the case of a collective agreement pursuant to § 4 (1) no. 4, this section shall apply if the holding or the self-employed operating department predominantly provides services of the security and the security industry or the control and regulatory services to protect the legal assets of all (6) In the case of a collective agreement pursuant to § 4 (1) (5), this section shall apply if the holding or the self-employed operating division is mainly on behalf of a third party. In the case of a collective agreement in accordance with Article 4 (1) (6), this section shall apply if the holding or the self-employed person (s) are responsible for the maintenance of the contract. Business department mainly textiles for commercial customers as well as public service or church facilities, regardless of whether the laundry is owned by the laundry or the customer. This section does not apply to laundry services provided by workshops for disabled persons within the meaning of § 136 of the Ninth Book Social Code. (8) In the case of a collective agreement according to § 4, paragraph 1, no. 7 this section shall apply where the holding or the self-employed business department collects, carries, stores, removes, or recallides or services of the majority of the waste within the meaning of Article 3 (1), first sentence, of the Circular Economic Law. Sweeping and cleaning of public transport areas and snow and ice removal of (9) In the case of a collective agreement in accordance with Article 4 (1) (8), this section shall apply if the holding or the self-employed operating department is predominantly composed of: Continuing education measures according to the Second or Third Book of the Social Code. Exceptions are vocational rehabilitation facilities within the meaning of § 35 (1) sentence 1 of the Ninth Book Social Code. (10) In the case of a collective agreement in accordance with § 4 (1) (9), this section shall apply in establishments and self-employed operating departments in which slaughtered or meat is mainly processed (holdings of the meat industry), as well as in establishments and independent operating departments, which are predominantly employed by their employees in the Operating the meat industry. Slaughtering includes all activities of slaughter and destruction of animals other than fish. The processing includes all the activities of the further processing of meat products obtained from slaughtering for the production of foodstuffs and their portioning and packaging. The processing is not recorded if the treatment, the portioning or the packaging of meat products obtained during the slaughter is carried out directly on request of the end consumer. Unofficial table of contents

§ 7 Legal regulation for the cases of § 4 paragraph 1

(1) At the joint request of the parties to a collective agreement within the meaning of § 4 (1) and § § 5 and 6, the Federal Ministry of Labour and Social Affairs may, without the consent of the Federal Council, determine by means of a regulation that the legal standards of this Collective agreements shall apply to all employers, employees and workers who fall within its scope and are not bound by it, if it appears in the public interest to comply with the legislative objectives referred to in Article 1 of this Directive. (2) Coming in an industry several collective agreements with at least partial of the same technical scope, the legislator, in the course of its decision under paragraph 1, has the representativeness of the respective collective agreements, in addition to the legislative objectives referred to in paragraph 1, in the context of a general assessment. consideration. In the determination of representativeness, priority shall be given to the
1.
the number of workers employed under the scope of the collective wage agreement by the employers in each collective wage agreement,
2.
the number of members of the trade union which fall within the scope of the collective agreement and which have concluded the collective agreement.
(3) In the case of a number of collective agreements, applications for a declaration of general liability shall be submitted by the legislator with particular care to weigh the goods of constitutional status affected by a selection decision, and shall have the right to consider the disputed (4) The Federal Ministry of Labour and Social Affairs (Federal Ministry of Labour and Social Affairs) provides the employers and employees who fall within the scope of the regulation before the adoption of the regulation. workers, the parties to the collective agreement and, in the cases referred to in paragraph 2, the Parties to other collective agreements and joint commissions, which, on the basis of ecclesiastical law, at least partially determine working conditions for the ecclesiastical employer within the scope of the regulation, the opportunity (5) If an application pursuant to paragraph 4 (1) is submitted for the first time in an industry pursuant to Article 4 (1), after the expiry of the period referred to in paragraph 4 of the Committee pursuant to Article 5 (1), first sentence, of the collective agreements law (collective bargaining committee) . If at least four members of the committee vote in favour of the application, or if no opinion is delivered within two months, a legislative regulation may be adopted in accordance with paragraph 1. If two or three committee members vote in favour of the application, a legal regulation may only be issued by the federal government. The rates 1 to 3 shall not apply to collective agreements pursuant to § 4 (1) (1) to (8). Unofficial table of contents

§ 7a Legal regulation for the cases of § 4 (2)

(1) At the joint request of the parties to a collective agreement within the meaning of § 4 (2) and § § 5 and 6 (1), the Federal Ministry of Labour and Social Affairs may, by means of a regulation without the consent of the Federal Council, determine that the legal norms this collective agreement shall apply to all employers, employees and workers who fall within its scope and are not bound by it, provided that it appears in the public interest to the extent to which they are referred to in Article 1 of this Directive. to achieve legislative objectives, in particular by means of a displacement competition over the (2) § 7 (2) and (3) shall apply. (3) Prior to the adoption of the regulation, the Federal Ministry of Labour and Social Affairs shall issue the falling within the scope of the regulation and which may be subject to the the employers and employees concerned, the parties to the collective agreement and all trade unions interested in the proceedings, employers ' associations and committees occupied by parity, who are affected by the Basis of ecclesiastic law Working conditions for the area (c) an opportunity for written opinion within three weeks from the date of the publication of the draft law. The opportunity for the opinion also includes, in particular, the extent to which an extension of the legal standards of the collective agreement is likely to comply with the legislative objectives mentioned in Article 1, in particular by means of a displacement competition on the basis of (4) If an application is submitted in accordance with paragraph 1, the committee shall be referred to the first sentence of Article 5 (1) of the Collective Agreements Act (collective bargaining committee) after the expiry of the period referred to in paragraph 3. If at least four members of the committee vote in favour of the application, or if no opinion is delivered within two months, a legislative regulation may be adopted in accordance with paragraph 1. If two or three committee members vote in favour of the application, a legal regulation may only be issued by the federal government. Unofficial table of contents

Section 8 Duties of the employer for the granting of working conditions

(1) Employers with registered offices in Germany or abroad who fall within the scope of a collective agreement declared to be generally binding pursuant to § 4 (1) (1) and § § 5 and 6 (2) or a legal regulation pursuant to § 7 or § 7a are Obliged to grant to their employees at least the working conditions laid down in the collective agreement for the place of employment and to establish a common organisation of the parties to the collective bargaining agreement, according to § 5 (3) to make available contributions. Sentence 1 shall apply irrespective of whether the corresponding obligation applies to collective agreements pursuant to § 3 of the law on collective agreements or by virtue of a declaration of general liability pursuant to § 5 of the German collective agreements law or by virtue of a legal regulation according to § 7 or § 7a (2) An employer is obliged to enter into a collective agreement in accordance with § 4 (1) (1) and § § 5 and 6 (2), the collective agreement as well as a collective agreement in accordance with § § 4 to 6, which is based on the legal regulation according to § 7 or § 7a shall be extended to employers, employees and workers not bound by it, including: (3) If a temporary agency worker or a temporary agency worker is from the borrower, he/she shall be bound by another collective agreement pursuant to § 5 of the German Collective Agreement Act. with activities which fall within the scope of a collective agreement declared to be universally binding pursuant to § 4 (1) (1) and § § 5 and 6 (2) or a legal regulation according to § 7 or § 7a, the distributor has at least the in to this collective agreement or to the provisions of this Regulation to provide working conditions and the contributions to be made to the joint entity under this collective agreement, even if the operation of the loan provider does not fall within the scope of this collective agreement or of this Legal regulation.

Footnote

(+ + + § 8: For application cf. § § 13 and 13a + + +) Unofficial table of contents

§ 9 Renunciation, Effect

A waiver of the claim to the minimum fee according to § 8 is only permissible by court settlement; moreover, a waiver is excluded. The effect of the worker's entitlement to the minimum fee in accordance with § 8 is excluded. Exclusion periods for the assertion of the claim can only be regulated in the collective agreement according to § § 4 to 6 or the collective agreement on which the legal regulation is based according to § § 7; the deadline must be set out in the collective agreement at least six months.

Footnote

(+ + + § 9: For application, see § § 13 and 13a + + +)

Section 4
Working conditions in the nursing care sector

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§ 10 Scope

This section applies to the nursing care sector. This includes businesses and independent operating departments, which mainly provide out-patient, part-hospital or inpatient care services or outpatient nursing care services for those in need of care (nursing care facilities). It is in need of care who, on account of a physical, mental or mental illness or disability, needs temporary or regular assistance in the course of daily life, temporarily or permanently in the course of daily life, for the purposes of ordinary and regular recurrent. No care establishments within the meaning of the second sentence are establishments in which the benefits for medical care, medical rehabilitation, participation in the working life or life in the community, school education or the Education of sick or disabled people in the foreground of the purpose of the facility, as well as hospitals. Unofficial table of contents

Section 11 of the Law

(1) The Federal Ministry of Labour and Social Affairs may, by means of a regulation without the consent of the Federal Council, determine that the working conditions proposed by a Commission established in accordance with § 12 of this Regulation shall apply to all employers in accordance with Article 5 (1) and (2) (2) The Federal Ministry of Labour and Social Affairs has, in its decision pursuant to paragraph 1 above, in addition to the provisions of § 1 referred to in § 1 above, to apply. Law aims to ensure the quality of care as well as the mission of ecclesiastic (3) The Federal Ministry of Labour and Social Affairs (Federal Ministry of Labour and Social Affairs) is responsible for the application of the provisions of the Social Code (Social Code) to the German Social Code (Sozialgesetzbuch). Regulation of the Law on employers and employees and the parties to collective agreements, which fall at least in part within the technical scope of the regulation, and joint commissions, which apply to the basis of ecclesiastic law Working conditions for the ecclesiastic sector Employers in the care sector shall be given the opportunity to submit their written observations within three weeks from the date of the publication of the draft regulation. Unofficial table of contents

§ 12 Commission

(1) The Federal Ministry of Labour and Social Affairs establishes a Commission for the development of working conditions or their modification. The establishment shall be carried out on a case-by-case basis at the request of a party to the collective bargaining agreement from the care sector or the service provider or the service side of joint commissions which, on the basis of ecclesiastical law, apply working conditions for: (2) The Commission is made up of eight members. The Federal Ministry of Labour and Social Affairs appoints two suitable persons as well as one deputy on the basis of proposals.
1.
of the trade unions in the care sector,
2.
the employers ' associations in the nursing care sector,
3.
the service side of the Joint Commissions referred to in paragraph 1; and
4.
the service side of the Joint Commissions referred to in paragraph 1.
(3) The meetings of the Commission shall be chaired by one or more representatives of the Federal Ministry of Labour and Social Affairs, who are not entitled to vote. The Commission may adopt its own rules of procedure. (4) The Commission, taking into account the objectives set out in Articles 1 and 11 (2), shall adopt recommendations on the setting of working conditions in accordance with Article 5 (1) and (2). It may adopt a Recommend the exclusion period, which meets the requirements of § 9 sentence 3. Recommendations shall be given in writing. (5) The Commission shall have a quorum if all the Members are present or represented. A Commission decision shall require a majority of three-quarters of the members
1.
the group of members referred to in paragraph 2 (1) and (2),
2.
the group of members referred to in paragraph 2 (3) and (4),
3.
the group of members referred to in paragraph 2 (1) and (3), and
4.
the group of members referred to in paragraph 2 (2) and (4).
The meetings of the Commission shall not be public and the content of their deliberations shall be confidential. (6) The Commission shall be dissolved by decision-making on the recommendations referred to in paragraph 4. Unofficial table of contents

Section 13 Legal consequences

A legal regulation pursuant to § 11 is the same for the application of § § 8 and 9 as well as of sections 5 and 6 of a legal regulation according to § 7.

Section 4a
Working conditions in the field of cross-border road transport of euro cash

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§ 13a Equality

Regulation (EU) No 1214/2011 of the European Parliament and of the Council of 16 November 2011 on the cross-border road transport of euro cash by road between the Member States of the euro area (OJ L 327, 27.11.2011, p. 1) is the same for the application of § § 8 and 9 as well as sections 5 and 6 of a legal regulation according to § 7 of the law.

Section 5
Enforcement of civil law

Footnote

(+ + + sect. 5 (§ § 14 and § 14) 15): For use, see: § § 13 and 13a + + +) Unofficial table of contents

§ 14 Liability of the Customer

An entreponee responsible for the provision of works or services shall be liable for the obligations of that entrepre, a subcontractor or an entreponee or a subcontractor. authorized distributors to pay the minimum wage to employees or to pay contributions to a joint establishment of the collective bargaining parties pursuant to § 8, such as a guarantor who waives the pledge of the advance payment . The minimum fee referred to in the first sentence shall include only the amount of the social security contributions paid after deduction of taxes and contributions to social security and the promotion of employment or the corresponding expenditure on social security for employees or workers is to be paid (net remuneration).

Footnote

(+ + + sect. 5 (§ § 14 and § 14) 15): For use, see: § § 13 and 13a + + +)
(+ + + § 14: For application, see § 13 G v. 11.8.2014 I 1348 (MiLoG) + + +) Unofficial table of contents

§ 15 Court of jurisdiction

Employees who are or have been posted within the scope of this Act may also claim a claim related to the period of posting on the fulfilment of the obligations under § § 2, 8 or 14 even before a German Court for Work. This possibility also exists for the joint establishment of the collective bargaining parties in accordance with § 5, No. 3, in relation to the contributions to which they are responsible.

Footnote

(+ + + sect. 5 (§ § 14 and § 14) 15): For use, see: § § 13 and 13a + + +)

Section 6
Control and enforcement by public authorities

Footnote

(+ + + sect. 6 (§ § 16 to 23): refer to the application. § § 13 and 13a + + +) Unofficial table of contents

Section 16 Jurisdiction

The authorities of the customs administration are responsible for checking compliance with the obligations of an employer in accordance with § 8, insofar as they relate to the granting of working conditions in accordance with § 5 sentence 1 (1) (1) to (3).

Footnote

(+ + + sect. 6 (§ § 16 to 23): refer to the application. § § 13 and 13a + + +) Unofficial table of contents

Section 17 powers of the authorities of the customs administration and other authorities

Articles 2 to 6, 14, 15, 20, 22 and 23 of the Schwarzarbeitsfighting Act shall be applied accordingly, with the proviso that:
1.
the authorities referred to therein may also inspect employment contracts, the minutes referred to in § 2 of the law on detection and other business documents which give direct or indirect information on the observance of the working conditions laid down in § 8, and
2.
to submit these documents in accordance with Article 5 (1) of the Code of Enforcement of the Black Labour Code.
§ § 16 to 19 of the Schwarzarbeitsfighting Act (Schwarzarbeitsfighting Act) apply. Section 6 (3) of the Schwarzarbeitsfighting Act (Schwarzarbeitsfighting Act) is applicable. § § 67 para. 2 no. 4 of the Tenth Book of the Social Code does not apply to data processing, which serves the purpose stated in § 16 or the cooperation with the authorities of the European Economic Area pursuant to § 20 paragraph 2.

Footnote

(+ + + sect. 6 (§ § 16 to 23): refer to the application. § § 13 and 13a + + +) Unofficial table of contents

Section 18 Reporting obligation

(1) Insofar as the legal standards of a collective agreement declared generally binding in accordance with § 4 (1) (1), § 5 sentence 1 (1) to (3) and § 6 (2) or of a legal regulation pursuant to § 7 or § 7a, insofar as they are working conditions according to § 5 sentence 1 Point 1 to 3, which applies to the employment relationship, is an employer established abroad who is a worker or a worker or a worker within the scope of this Law employed, obligates, before the beginning of any work or service, a written To submit an application in the German language to the competent authority of the customs administration, which contains the essential information for the examination. The essential elements are the information on
1.
Family name, first name and date of birth of the employees and workers employed by him within the scope of this Act,
2.
the beginning and expected duration of employment;
3.
the place of employment, the construction site in the case of construction work,
4.
Where the documents required in accordance with section 19 are kept in place,
5.
Family name, first name, date of birth and address in Germany of the responsible trading person,
6.
industry to which workers and workers are to be posted, and
7.
Family name, first name and address in Germany of one or one service representative, in so far as this or the person concerned is not the same as the one or the responsible person referred to in point 5.
The employer shall report any changes to this information without delay in the sense of sentence 1. (2) The employer shall attach to the application an assurance that he complies with his obligations pursuant to § 8. (3) A distributor with a registered office in the Where a worker or a worker is a worker, or a worker, or a worker, or a worker, in respect of a worker's work, the entleier shall, under the conditions laid down in the first sentence of paragraph 1, have before the commencement of any work or service activities of the Competent authority of the customs administration, a written application in German Language with the following information to be supplied:
1.
Family name, first name and date of birth of the workers made redundant,
2.
the beginning and duration of the transfer;
3.
the place of employment, the construction site in the case of construction work,
4.
Where the documents required in accordance with section 19 are kept in place,
5.
Family name, first name and address in Germany of one or one delivery agent of the distributor,
6.
industry to which workers and workers are to be posted, and
7.
Family name, first name or company name and address of the rental company.
(4) The person responsible for filing shall attach insurance to the distributor that he/she shall comply with his obligations under § 8. (5) The Federal Ministry of Finance may, by agreement with the the Federal Ministry of Labour and Social Affairs without the consent of the Federal Council,
1.
the way in which, by way of derogation from the first sentence of the first and third sentences of paragraph 1, the first and second sentences of paragraph 1 and of the first and second sentences of paragraph 1, and the technical and organisational conditions for the electronic transmission of the notification, the notification of change and the insurance ,
2.
the conditions under which an amendment may be made exceptionally, and
3.
how the reporting procedure can be simplified or modified, provided that the posted workers are used within the framework of a regularly recurring work or service, or where other characteristics of the workers are to be used in the context of that requires the provision of services or services.
(6) The Federal Ministry of Finance may, without the consent of the Federal Council, determine the competent authority in accordance with the first sentence of the first sentence of paragraph 1 and the first sentence of paragraph 3 by the Federal Council.

Footnote

(+ + + sect. 6 (§ § 16 to 23): refer to the application. § § 13 and 13a + + +) Unofficial table of contents

Section 19 Creating and holding documents

(1) Insofar as the legal standards of a collective agreement declared to be universally binding pursuant to § 4 (1) (1), § 5 sentence 1 (1) to (3) and § 6 (2) or a corresponding legal regulation pursuant to § 7 or § 7a on the payment of a Minimum pay or the collection of contributions and the granting of benefits in connection with holiday entitlements to the employment relationship shall apply, the employer shall be obliged to start, end and duration of the daily working time of the Workers and workers at the latest by the end of the seventh to the day of work the following calendar day and to keep these records at a minimum of two years from the date of the record. The first sentence shall apply to a person who is responsible for leaving a worker, or a worker, or a worker, or a worker, to work at work. (2) Each employer shall be obliged to take the necessary measures to ensure that the person responsible for the Compliance with a legally binding collective agreement according to § 4 (1) (1), § 5 sentence 1 (1) (1) to (3) and § 6 (2) or a corresponding legal regulation pursuant to § 7 or § 7a of the required documents in Germany for the entire Duration of the actual employment of workers and workers in the The scope of this law, at least for the duration of the entire work or service, but in total no longer than two years in the German language. At the request of the audit authority, the documents shall also be available at the place of employment, in the case of construction work on the site. (3) The Federal Ministry of Labour and Social Affairs may, by means of a regulation without the consent of the Federal Council, be (4) The Federal Ministry of Finance may be required to comply with the obligations of the employer or the employer in accordance with § 18 and paragraphs 1 and 2 in respect of individual sectors or groups of employees. (4) in agreement with the Federal Ministry of Labour and Social Affairs, without the consent of the The Federal Council shall determine how the employer's obligation to record the daily working time of employed workers and to keep those records may be simplified or modified, provided that: Special features of the work or services to be provided or special features of the industry so require.

Footnote

(+ + + sect. 6 (§ § 16 to 23): refer to the application. § § 13 and 13a + + +) Unofficial table of contents

Section 20 Cooperation of the domestic and foreign authorities

(1) The authorities of the customs administration shall inform the competent local authorities of the competent local authorities of reports in accordance with § 18 (1) and (3). (2) The authorities of the customs administration and the other authorities referred to in § 2 of the Schwarzarbeitsfighting Act may also cooperate with the authorities of other States Parties to the Agreement on the European Economic Area, to carry out appropriate tasks or to combat it, in accordance with the provisions of data protection law. illegal employment, or can provide information as to whether or not a Employer fulfils its obligations under § 8. The regulations on international mutual legal assistance in criminal matters remain unaffected by this. (3) The authorities of the customs administration shall inform the commercial central register of final fines decisions pursuant to section 23 (1) to (3), if the fine is fine is more than two hundred euros. (4) (to be taken away) Unofficial table of contents

Section 21 Exclusion of the award of public contracts

(1) From the participation in a competition for a supply, construction or service contract of the contracting entities referred to in § 98 of the Act against Competition Restrictions, applicants shall be awarded for a reasonable period of time up to the (b) the restoration of their reliability, which has been subject to a fine of at least two thousand five hundred euros in respect of an infringement in accordance with Section 23. The same shall also apply before a fine-fine procedure is carried out if, in individual cases, there is no reasonable doubt as to a serious misconduct within the meaning of the sentence 1 in the light of the evidence. (2) Those responsible for the prosecution or prosecution of the In accordance with section 23 of the law, the public authorities may, in accordance with Article 98 (1) to (3) and (5) of the Law, on restrictions on competition and those bodies approved by public contracting authorities. Pre-qualification lists or business and supplier directories shall, upon request, lead to: (3) In the course of their activities, the contracting authority referred to in paragraph 2 shall require information on final fines for administrative offences pursuant to section 23 (1) or (2) of the commercial central register, or require applicants to make a declaration that the conditions for exclusion in accordance with paragraph 1 are not met. In the event of a declaration by the applicant or the applicant, contracting authorities may, in accordance with paragraph 2, request additional information from the Trade Central Register in accordance with § 150a of the Commercial Code. (4) For orders of a total amount of 30 000 Euro Calls on the contracting authority, in accordance with paragraph 2, for the applicant, who is to be awarded the contract, to obtain, before the award of the award, an information from the Register of Trade and Industry in accordance with § 150a of the Commercial Code. (5) The decision on the exclusion is to be heard by the applicant or the applicant.

Footnote

(+ + + sect. 6 (§ § 16 to 23): refer to the application. § § 13 and 13a + + +) Unofficial table of contents

§ 22 (omitted)

Unofficial table of contents

Section 23 Penal rules

(1) Contrary to the law, those who intentionally or negligently act
1.
, contrary to § 8 (1) sentence 1 or 3, a working condition referred to therein shall not be granted or shall not be granted in time or shall not make a contribution in good time, or
2.
Contrary to Section 17, sentence 1, in conjunction with Section 5 (1) sentence 1 of the Schwarzarbeitsfought Law, an examination is not tolerated or is not involved in an examination,
3.
Contrary to § 17 sentence 1 in conjunction with Section 5 (1) sentence 2 of the Schwarzarbeitsfighting Act, entering a property or business area does not tolerate,
4.
Contrary to § 17, sentence 1, in conjunction with Section 5 (3) sentence 1 of the Schwarzarbeitscombating Law, data is not transmitted, not right, not in full, not in the prescribed manner or not in time,
5.
Contrary to § 18 (1) sentence 1 or 3 sentence 1, an application not, not correct, not complete, not presented in the prescribed manner or not in time, is not correct, not complete, not in the prescribed manner or not in time,
6.
Contrary to § 18 (1) sentence 3, even in conjunction with the second sentence of paragraph 3, a notification of change not, not correct, not complete, does not make it in the prescribed manner or does not make it in time,
7.
, contrary to Article 18 (2) or (4), insurance is not included, not correct or not in good time,
8.
Contrary to the first sentence of Article 19 (1), including in conjunction with sentence 2, a record is not compiled, not correct, not complete or not in good time, or is not kept for at least two years, or
9.
Contrary to Section 19 (2), a document does not, not correct, do not complete or not in the prescribed manner.
(2) A breach of the law shall be carried out in order to carry out a significant amount of work or services by entrustas, as an entreprenter, to another entreptite from whom he or she is aware or negligently not knowing that he or she is responsible for the performance of the contract.
1.
, contrary to § 8 (1) sentence 1 or 3, a working condition referred to in that paragraph shall not be granted or not provided in due time or a contribution shall not be made or shall not be
2.
uses a subcontractor or allows a subcontractor to take action which, contrary to the first sentence of Article 8 (1) or (3), does not provide, or does not provide, a condition in time or does not make a contribution in good time or in good time.
(3) In the cases referred to in paragraph 1 (1) and (2), the administrative offence may be punishable by a fine of up to five hundred thousand euros, in other cases with a fine of up to thirty thousand euros. (4) Administrative authorities in the sense of § 36 (1) No. 1 of the Code of Administrative Offences are the authorities referred to in § 16 each for their business activities. (5) For the purpose of enforcement in favour of the federal and federal legal entities of the Federal Republic of Germany, the Public law, as well as for the enforcement of the holding in accordance with § 111d of the The Code of Criminal Procedure in conjunction with Section 46 of the Law on Administrative Offences by the authorities referred to in § 16 shall apply to the Administrative Enforcement Law of the Federal Government.

Footnote

(+ + + sect. 6 (§ § 16 to 23): refer to the application. § § 13 and 13a + + +)

Section 7
Final provisions

Unofficial table of contents

§ 24 Evaluation

The minimum rates laid down in accordance with Article 7 shall be based on employment effects, in particular on employment subject to social security contributions, and the establishment of appropriate minimum working conditions, five years after the entry into force of the Law to be reviewed. Unofficial table of contents

Section 24a Transitional arrangements

In the period from 1 January 2015 to 31 December 2017, § 1 shall apply, with the proviso that an undershooting of the minimum wage prescribed in accordance with the minimum wage law is compatible with the objectives of § 1, if such undershooting is required, in order to bring about a gradual approach of wage levels to the requirements of the minimum wage law in the sector concerned, while at the same time ensuring fair and functioning conditions of competition and the retention of employment subject to social security contributions consideration. Unofficial table of contents

Section 25 Entry into force, external force

This Act shall enter into force on the day following the date of delivery.