Law On Mandatory Working Conditions For Cross-Posted And Workers Employed Regularly In Domestic And Workers

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

Read the untranslated law here: http://www.gesetze-im-internet.de/aentg_2009/BJNR079900009.html

Law on mandatory working conditions for cross-border posted and workers employed regularly in domestic and workers (Workers - Act - AEntG) AEntG Ausfertigung date: 20.04.2009 full quotation: "workers - Act of April 20, 2009 (BGBl. I S. 799), most recently by article 6 of the law of 11 August 2014 (BGBl. I S. 1348) has been changed" stand: I in 1348 expiry pursuant Article 15 I in 1348 is amended by art. 6 G v. 11.8.2014 para 2 G v. 11.8.2014 for taking into account more information indicating stand in the menu see remarks footnote (+++ text detection from: 24.4.2009 +++) (+++ to the application see § 13 G v. 11.8.2014 I in 1348 (MiLoG) +++) input formula the Bundestag with the majority of its members and with the consent of the Federal Council the following law approved: section 1 purpose article 1 objectives objectives of the law are the creation and enforcement of reasonable minimum working conditions for cross-border posted and workers employed regularly in domestic and workers as well as ensuring fair and effective competition through the extension of the legal standards of industry collective agreement. This should receive at the same time liable for social security employment and maintained the order and pacifying function of collective bargaining.
Section 2 General working conditions section 2 General working conditions the provisions contained in laws or regulations on 1 the minimum rates of pay including overtime rates, 2. the paid annual leave, 3. the maximum working time and minimum rest periods, 4. the conditions of hiring-out of workers, in particular by temporary employment undertakings, 5. the safety, health and hygiene at work, 6 the protection measures in connection with the work and the conditions of employment of pregnant women and nursing mothers , Children and adolescents and 7 equality between men and women and other provisions on non-discrimination apply also to employment relationships between a foreign-based employer and its workers and workers employed in the domestic imperative.
Section 3 collective working conditions section 3 the laws of a nation-wide collective agreement for collective working conditions see the requirements of §§ 4 to 6 also on employment between an employer domiciled abroad and mandatory application, if the collective agreement as a collective agreement according to article 4 paragraph 1 is number 1 declared generally binding or a legal regulation according to § 7 or § 7a is its workers employed in the territorial scope of this collective agreement and workers. A nationwide collective agreement need not, as far as working conditions within the meaning of § 5 subject to collective agreement provisions are no. 2 or 3, which grouped together geographically cover the entire scope of this Act.

§ 4 sectors (1), section 3 applies to collective agreements 1 the construction industry or construction side in terms of the construction companies Ordinance of 28 October 1980 (BGBl. I S. 2033), last amended by the Decree of April 26, 2006 (BGBl. I p. 1085), in the currently valid version including the provision of installation services on construction sites outside of the operating seat, 2nd building cleaning, 3 for mail services, 4 for security services , 5 for mining special work in coal mines, 6 for laundry services in the contract customer business, 7 waste management including street cleaning and winter service, 8 for education and training services under the second or third book of social law and 9 for slaughtering and meat processing.
(2) section 3 is considered also for collective agreements of all other the sectors referred to in paragraph 1, if the extension of the legal norms of the collective agreement in the public interest expedient to achieving the objectives of law referred to in paragraph 1 and in particular cut-throat competition on wage costs to counteract.

§ 5 working conditions may be subject to a collective agreement according to § 3 1 minimum pay rates, which can differ by type of activity, qualifications of the employees and workers and regions, including overtime rates, 2. the duration of annual leave, holiday pay or an extra holiday money, 3. the collection of contributions and the provision of benefits in connection with holiday claims referred to in point 2 through a joint organization of the social partners , if it is ensured that the foreign employer is used at the same time contributions to establishing common, the social partners and a comparable institution in the State of his residence and the procedure of establishing the social partners joint stipulates a crediting of those services that foreign employers to comply with the law, collective agreement or individual holiday claim of his employee or its workers has already been provided , and 4 working conditions within the meaning of section 2 No. 3 to 7.
After set include working conditions 1 number 1 to 3 also rules on appropriate claims including exceptions for this purpose agreed maturity and their requirements.

§ 6 special provisions (1) this section does not apply to initial Assembly or installation work that are part of a delivery contract, are essential for the operation of the delivered goods and are run by skilled or semi-skilled workers, skilled workers or workers of the delivery company if during the period of posting does not exceed eight days. Sentence 1 does not apply to construction services within the meaning of § 101 paragraph 2 of the third book of the social code and not for working conditions according to § 5 No. 4 (2) In the case of a collective agreement according to article 4 paragraph 1 No. 1 this section shall apply if the self-employed operating division within the meaning of the technical scope of the collective agreement or the operation mainly social law book provides construction services in accordance with section 101, paragraph 2, of the third.
(3) in the case of a collective agreement according to article 4 paragraph 1 No. 2 this section shall apply if the operation or the independent operation Department mainly provides commercial cleaning services.
(4) in the case of a collective agreement according to article 4 paragraph 1 No. 3 this section shall apply if the operation or the self-employed operating division mostly commercial - or businesslike carried mail for third parties.
(5) in the case of a collective agreement according to article 4 paragraph 1 No. 4 this section shall apply if the self-employed operating division or the operation mainly provides services of stewarding and security sector or control and order services, which serve the protection of legal interests of all kinds, especially of life, health or property.
(6) in the case of a collective agreement according to article 4 paragraph 1 No. 5 this section shall apply if the self-employed operating division or the operation on behalf of a third party predominantly on domestic coal mines pit spaces created or performing other underground mining special work.
(7) in the case of a collective agreement according to article 4, paragraph 1 this section applies regardless of whether the laundry owned the laundry or the customer is no. 6, the operation or the self-employed operating division professional predominantly washes textiles for commercial customers, as well as public or religious institutions. This section does not apply to laundry services provided by workshops for disabled persons within the meaning of section 136 of the ninth book of the social code.
(8) in the case of a collective agreement according to article 4 paragraph 1 this section is no. 7 application, or services of the sweeping and cleaning of public traffic areas if operation or the self-employed operating division mainly collects waste within the meaning of § 3 paragraph 1 sentence 1 of the circulatory economic law, promoted, store, eliminated or recycled, and snow and ice removal from public traffic areas including cluster services provides.
(9) in the case of a collective agreement according to article 4 paragraph 1 No. 8 this section shall apply if the operation or the self-employed operating division carries out mainly education and training under the second or third book of social law. Institutions of vocational rehabilitation within the meaning of § 35 par. 1 sentence 1 of the ninth book of the social code are excluded.
(10) in the case of a collective agreement according to article 4, paragraph 1 this section applies mostly slaughtered where number 9 in enterprises and self-employed persons operating departments, or is processed meat (holdings of the meat industry) as well as in enterprises and self-employed persons operating departments, which predominantly employ their workers and workers in enterprises of the meat industry. The battles includes all activities of the slaughter and dismantling of animals with the exception of fish. Processing includes all activities of the processing of meat products obtained from the battles for the production of food as well as their portion control and packaging. The processing is not covered if the treatment, the portion or the packaging at the battles of obtained products of meat is done on request of the end user.

§ 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 article 4, paragraph 1, and articles 5 and 6, the Federal Ministry of labour and Social Affairs may determine by Decree without the consent of the Federal Council that the norms of this collective agreement to all employers covered by its scope and not bound to him as well as workers and workers apply, if this is necessary in the public interest , to achieve the objectives of Act referred to in § 1.
(2) several collective bargaining agreements with at least partial come in an industry same technical scope for the application, which has in addition in his decision pursuant to paragraph 1 within the framework of an overall consideration to take into account the representativeness of the respective collective agreements legislature to the objectives of the Act referred to in § 1. In determining the representativeness is primarily aim at 1 the number of each collective employers employed under the scope of the collective agreement covered employees and workers, 2. the number of covered by the scope of the collective agreement members of the Union which signed the collective agreement each.
(3) applications for declaration of universal application are available for several collective agreements, the regulation shall carefully weighing up the goods affected by a decision by constitutional status and to bring the conflicting interests of the fundamental right to a friendly settlement.
(4) prior to the adoption of the Legislative Decree, the Federal Ministry of labour and Social Affairs are employers falling within the scope of the legal regulation as well as employees and workers, the parties of the collective bargaining agreement as well as in the cases of paragraph 2 working conditions for the area of Church employers at least partly set the parties of other agreements and co-determined commissions, the law Church on the basis of in the scope of the legal regulation That opportunity to the written opinion within three weeks from the date of notification of the draft of the Decree.
(5) is in an industry according to § 4 paragraph 1 for the first time an application made pursuant to paragraph 1, be referred after expiry of the period pursuant to paragraph 4 the Committee according to § 5 paragraph 1 sentence 1 of the collective agreement Act (tariff Committee). At least four Committee members for the application or the tariff Committee two months gives no opinion, a decree may be issued pursuant to paragraph 1. Two or three Committee members for the proposal, vote a decree may be issued only by the Federal Government. Sentences 1 to 3 do not apply to collective agreements pursuant to § 4 paragraph 1 number 1 to 8.

§ 7a legal regulation for the cases of § 4 paragraph 2 (1) at the joint request of the parties to a collective agreement within the meaning of § 4 paragraph 2 and paragraph 1 can sections 5 and 6 the Federal Ministry of labour and Social Affairs by Decree without the consent of the Federal Council determine that the norms of this collective agreement to all employers covered by its scope and not bound to him as well as workers and workers find application , when in the public interest offered, to achieving the objectives of law referred to in paragraph 1 and in particular cut-throat competition on wage costs to counteract.
(2) § 7 paragraph 2 and 3 finds appropriate application.
(3) prior to the adoption of the Decree the Federal Ministry of labour and Social Affairs is falling and employers affected possibly by her and workers and workers, the parties of the collective bargaining agreement and all unions who are interested in the outcome of the proceedings, associations of employers and co-determined commissions, laying down working conditions for the area of Church employers on the basis of ecclesiastical law in the scope of the legal regulation That opportunity to the written opinion within three weeks from the date of notification of the draft of the Decree. The opportunity to comment includes in particular the question whether an extension of the rules of the collective bargaining agreement is suitable to meet the objectives of law referred to in article 1 and to counteract in particular cut-throat competition on wage costs.
(4) If an application is made pursuant to paragraph 1, the Committee be referred to after the deadline pursuant to paragraph 3 according to § 5 paragraph 1 sentence 1 of the collective agreement Act (tariff Committee). At least four Committee members for the application or the tariff Committee two months gives no opinion, a decree may be issued pursuant to paragraph 1. Two or three Committee members for the proposal, vote a decree may be issued only by the Federal Government.

§ 8 obligations of the employer to grant the working conditions (1) an employer domiciled in Switzerland or abroad, that within the scope of a collective agreement declared to be generally binding pursuant to § 4 paragraph 1 number 1, and sections 5 and 6 fall paragraph 2 or a legal regulation according to § 7 or § 7a, are required to give their workers and workers at least the working conditions prescribed in the collective agreement for the place of employment, as well as a joint facility of the collective parties to make that their contributions according to § 5 due to no. 3. Sentence 1 shall apply regardless of whether the corresponding power tariff binding obligation according to § 3 of the collective agreement Act or declaring according to § 5 of the collective agreement Act or on the basis of a legal regulation according to § 7 or § 7a.
(2) an employer is required according to § 4 paragraph 1 number 1 and § shall be extended by regulation according to § 7 or § 7a on employers not bound to him as well as workers and workers § 5 and 6 (2), by declaring, as well as a collective agreement pursuant to sections 4 to 6, which, even to comply with a collective agreement, if he is bound pursuant to section 5 of the collective agreement Act on a different collective agreement pursuant to section 3 of the collective agreement Act or declaring.
(3) If a temporary employee or a temporary employee of the borrower with activities employed within the scope of a collective agreement declared to be generally binding pursuant to § 4 paragraph 1 has number 1, and sections 5 and 6 fall paragraph 2 or a legal regulation according to § 7 or § 7a, the lender to grant at least the working conditions prescribed in this agreement or in this regulation, as well as establishing joint after posts due to this collective agreement to do that. This applies even if the operation of the borrower not in the professional scope of this collective agreement or this regulation falls.
Footnote (+++ § 8: to the application see §§ 13 & 13a +++) § 9 waiver, estoppel a waiver of resulting entitlement to the minimum wage according to § 8 is permitted only by judicial administration; In addition, a waiver is excluded. The forfeiture of the right of workers and workers on the minimum wage according to § 8 is excluded. Limitation periods for the assertion of the claim exclusively in a collective agreement declared to be generally binding can be regulated according to the §§ 4 to 6 or the collective agreement underlying the regulation according to § 7; the period must be at least six months.
Footnote (+++ § 9: to the application see §§ 13 & 13a +++) section 4 working in the care sector § 10 scope this section shall apply to the care industry. This includes businesses and self-employed operating departments, which provide primarily outpatient, stationary, or inpatient care or out-patient nursing services for those in care (maintenance operations). Care is who of daily life temporarily or permanently of the help needs due to a physical, mental or emotional illness or disability for the ordinary and recurring transactions in the process. No care establishments within the meaning of sentence 2 are facilities where the medical care, medical rehabilitation, participation in working life or in the life of the community, school education or the education of sick or disabled people in the foreground of the purpose of the institution are entitled, as well as hospitals.

§ 11 legal regulation (1) that can Federal Ministry of labour and Social Affairs by Decree without the consent of the Federal Council determine that the working conditions proposed by a Commission established pursuant to § 12 apply no. 1 and 2 on all employers and workers, and workers who fall under the scope of a recommendation pursuant to § 12 ABS. 4, according to § 5.
(2) the Federal Ministry of labour and Social Affairs has to take into account to ensure the quality of the care, as well as commissioned of kirchlicher and other carrier the free welfare in its decision pursuant to paragraph 1 in addition to the objectives of the Act referred to in § 1 according to § 11 para. 2 of the eleventh book of the social code.
(3) prior to the adoption of a legislative decree, the Federal Ministry of labour and Social Affairs is the of employers falling within the scope of the legal regulation and workers and workers and the parties by collective agreements, which at least partly covered in the professional scope of legal regulation, and co-determined commissions that set working conditions for the area of Church employers on the basis of ecclesiastical law in the care industry, opportunity to the written opinion within three weeks from the date of notification of the draft of the Decree.

Article 12 Commission (1) the Federal Ministry of labour and Social Affairs established a Commission for the development of working conditions or amendments. The construction is carried out in individual cases on request of a collective agreement party in the care sector or the employer or the service employees page co-determined commissions that set working conditions for the area of Church employers on the basis of ecclesiastical law in the care industry.
(2) the Commission consists of eight members. The Federal Ministry of labour and Social Affairs shall designate two suitable people as well as each 2. the associations of employers in the care sector, 3. the service sides of the referred to in paragraph 1 joint commissions, as well as 4 the employer side of the co-determined committees referred to in paragraph 1 occupied a Deputy because of suggestions 1 the trade unions involved in the care industry tariff.
(3) the meetings of the Commission are led by one or a non-voting representative of the Federal Ministry of labour and Social Affairs. The Commission may provide rules of procedure.
(4) the Commission decides, taking into account the section referred to in § 1 and 11 para. 2 objectives recommendations for the establishment of working conditions according to § 5 No. 1 and 2. She can recommend a limitation period that meets the requirements of section 9, clause 3. Recommendations must be justified in writing.
(5) the Commission is resolutionable, if all members are present or represented. A Commission decision requires each a majority of three quarters of the members 1 the Group of members referred to in paragraph 2 No. 1 and 2, 2nd group of members referred to in paragraph 2 No. 3 and 4, 3. the Group of of members of the referred to in paragraph 2 No. 1 and 3 as well as 4 of the Group of members referred to in paragraph 2 No. 2 and 4.
The meetings of the Commission are not public; the content of their discussions is confidential.
(6) with resolution on recommendations pursuant to paragraph 4, the Commission is resolved.

§ 13 legal consequences of a legal regulation according to § 11 stands for the application of §§ 8 and 9 as well as the sections 5 and 6 of regulation according to § 7 equal.
Section 4a working conditions in the sector of cross-border road transport of euro cash § 13a gender equality Regulation (EU) No 1214/2011 of the European Parliament and of the Council of 16 November 2011 on the professional cross-border road transport of euro cash between the Member States of the euro area (OJ OJ L 316 of the 29.11.2011, p. 1) for the application of §§ 8 and 9, and sections 5 and 6 of regulation according to § 7 is right.
Section 5 civil enforcement footnote (+++ section 5 (sections 14 & 15): to the application see §§ 13 & 13a +++) § 14 of the principal an entrepreneur who commissioned an other entrepreneurs with the provision of work or services, be liable for the obligations of this operator, a subsequent contractor, or a distributor authorized by the contractor or a subcontractor to pay the minimum fee to workers or workers or to the payment of contributions to a joint facility of the collective parties according to § 8 as a guarantor , which has waived the recourse. The minimum wage within the meaning of sentence 1 includes only the amount that to pay off is after deduction of taxes and contributions to social security and the employment promotion or appropriate expenses for the social protection of workers or workers (net pay).
Footnote (+++ section 5 (sections 14 & 15): to the application see §§ 13 & 13a +++) (+++ § 14: to the application see § 13 G v. 11.8.2014 I in 1348 (MiLoG) +++) § 15 jurisdiction workers and workers who are posted or have been, in the territorial scope of this Act may raise an action for performance of the obligations related to the period of the posting after paragraphs 2, 8 or 14 before a German court for labour disputes. Action possibility this no. 3 in relation to the posts available to you also for a joint facility of the collective parties according to § 5.
Footnote (+++ section 5 (sections 14 & 15): to the application cf. §§ 13 & 13a +++) section 6 control and enforcement by public authorities footnote (+++ par. 6 (sections 16 to 23): to the application see §§ 13 & 13a +++) section 16 responsibility for the verification of compliance with the obligations of an employer pursuant to § 8, insofar as they relate to the granting of working conditions according to paragraph 5, sentence 1 No. 1 to 3 , the Customs authorities are responsible.
Footnote (+++ par. 6 (sections 16 to 23): to the application see §§ 13 & 13a +++) powers of the authorities of the customs administration and other authorities paragraphs 2 to 6, 14, 15, 20, 22 and 23 of the undeclared work fighting law are article 17 apply mutatis mutandis with the proviso that the authorities mentioned therein can take 1 also insight into employment contracts, records pursuant to section 2 of the evidence Act, and other business documents, that directly or indirectly provide information about compliance with the working conditions according to § 8 , and obliged to submit these documents have 2. According to § 5 para 1 of the moonlighting combat law to participate.
The articles 16 to 19 of the undeclared work fighting law shall apply. § 6 section 3 of the undeclared work fighting law finds appropriate application. For data processing, which serves the purpose referred to in section 16 or the cooperation with the authorities of the European economic area pursuant to article 20 para 2, no. 4 of the tenth book of the social code, section 67, paragraph 2 does not apply.
Footnote (+++ par. 6 (sections 16 to 23): to the application see §§ 13 & 13a +++) § 18 reporting requirement (1) as far as the legislation of a collective agreement declared to be generally binding pursuant to § 4 paragraph 1 No. 1, § 5 set 1 number 1 to 3 and § 6 paragraph 2 or a legal regulation according to § 7 or § 7a, as far as working conditions pursuant to paragraph 5 sentence 1 prescribes number 1 to 3, on employment apply , an employer established abroad, who employs an employee or an employee or several workers or workers within the scope of this law, is obliged to submit a written application in German language at the competent of Customs office prior to any works or services containing the information essential for testing. Much data over 1 family name, first name and date of birth of workers employed by him within the territorial scope of this Act and workers, 2. commencement and expected duration of employment, 3. place of employment, are the construction site, 4th place in the domestic construction services which are provided the documents required pursuant to § 19 5 family name, given name, date of birth and address in Germany of the responsible acting , 6 industry, in which the workers and workers should be sent and 7 family name, given name and address in Germany of an or a delivery agent, as far as this or this with the or the referred to in point 5 responsible acting is identical.
The employer within the meaning of sentence 1 has changes to this information immediately.
(2) the employer shall sign an insurance policy to accompany that he complies with his obligations according to § 8.
(3) a lender headquartered abroad leaves a worker or an employee or several employees or workers to work the borrower under the conditions of paragraph 1 has a borrower, a written application in German language with the following information to submit to set 1 before beginning any works or services of the competent authority of the Customs Administration: 1. family name, first name and date of birth of licensed workers and workers , 2. commencement and duration of assignment, 3. place of employment, for construction services the construction site, 4th place inland, in which are kept the documents required pursuant to § 19, 5. family name, first name and address in Germany of an or an authorised agent of the Distributor, 6 industry, in which workers and workers should be sent, and 7 family name, first name or company and address of the Distributor.
Paragraph shall apply accordingly 1 sentence 3.
(4) the borrower has sign an insurance of the Distributor to accompany that it complies with its obligations pursuant to § 8.
(5) the Federal Ministry of finance may 1 that, how and under what technical and organisational conditions a registration, notification of change and insurance by way of derogation from paragraph 1 sentence 1 and 3, paragraph 2 and 3 sentences 1 and 2 and paragraph 4 can are sent electronically by Decree in agreement with the Federal Ministry of labour and Social Affairs without the consent of the Federal Council determine, , 2. the conditions under which a change message may exceptionally be omitted, and 3.
how the reporting process can be simplified or cast off, unless the posted workers and workers are employed within the framework of a regularly recurring work or service, or other characteristics of the work to be performed or services require this.
(6) the Federal Ministry of finance may by Decree without the consent of the Federal Council the authority pursuant to paragraph 1 sentence 1 and paragraph 3, sentence 1 determine.
Footnote (+++ par. 6 (sections 16 to 23): to the application see §§ 13 & 13a +++) § 19 creating and holding of documents (1) as far as the legislation of a collective agreement declared to be generally binding pursuant to § 4 paragraph 1 No. 1, § 5 set 1 number 1 to 3 and § 6 paragraph 2 or a corresponding legal regulation according to § 7 or § 7a over the payment of a minimum fee or the recovery of contributions and the provision of benefits in connection with holiday claims in employment apply , the employer is required to record start, end and duration of daily working hours of workers and employees of calendar day on the day of the performance following the end of the seventh at the latest up to and at least two years starting from the date relevant for the recording to keep these records. Sentence 1 shall apply accordingly to a borrower, a lender leaves a worker or a worker or more workers or workers to the performance the.
(2) each employer is obliged for the verification of compliance with a collective agreement declared to be generally binding pursuant to § 4 paragraph 1 number 1, section 5, sentence 1 number 1 to 3 and § 6 paragraph 2 or a corresponding legal regulation according to § 7 or § 7a documents required in Germany for the duration of actual employment of workers and workers within the scope of this law, at least for the duration of the entire work or service , total but not longer than two years in German to hold. There are the documents at the place of employment to provide construction services on the construction site at the request of the audit authority.
(3) the Federal Ministry of labour and Social Affairs may restrict the obligations of an employer or a borrower under section 18 and paragraphs 1 and 2 with respect to individual sectors or groups of workers and employees by means of an Ordinance without the consent of the Federal Council.
(4) the Federal Ministry of finance to determine by Decree in agreement with the Federal Ministry of labour and Social Affairs without the consent of the Federal Council as keep, simplifies the obligation of the employer, workers and employees to record the daily working time with him and these records or off can be cast, peculiarities of the work to be performed, services or features of the industry if this is required.
Footnote (+++ par. 6 (sections 16 to 23): to the application see §§ 13 & 13a +++) section 20 (1) the Customs authorities shall inform domestic and foreign cooperation the responsible local financial authorities about reports pursuant to article 18, paragraph 1 and 3 (2) the authorities of the customs administration and the other in § 2 of undeclared work Reduction Act may work together authorities in accordance with the data protection regulations also with authorities of other Contracting States of the agreement on the European economic area , perform the tasks corresponding to this law, or are responsible for combating illegal employment or information can identify whether an employer to fulfil its obligations according to § 8. Remain unaffected by the provisions on international legal assistance in criminal matters.
(3) the Customs authorities shall inform the central commercial register about final penalty decisions according § 23 para 1 to 3 If the fine is more than two hundred euros.
(4) (dropped out) section 21 exclusion from the award of public contracts (1) participate in a competition for a delivery, construction or service contract of the contracting authority referred to in article 98 of the Act against restraints on competition to applicants or applicants for a reasonable time until their reliability proven recovery are ruled out, which have been subject to due to a violation to section 23 with a fine of at least two thousand five hundred euro. The same is true even before penalty proceedings if in individual cases in the light of the evidence there is no reasonable doubt of serious misconduct within the meaning of sentence 1.
(2) the authorities responsible for the persecution or sanctioning of offences according to section 23 May according to § 98 lead No. 1 to 3 and 5 of the Act against restrictions on competition and such places, the pre qualification directories approved by contracting authorities or business and supplier directories contracting authorities, on request, type the necessary information.
(3) contracting authorities referred to in paragraph 2 requesting information on final penalty decisions due to a misdemeanor pursuant to § 23 para 1 or 2 in the scope of their activities in the central register of the commercial or request a declaration by applicants or applicants, that the conditions for exclusion are not referred to in paragraph 1. In case of Declaration of the applicant or the applicant contracting authority can obtain at any time in addition information of the central commercial register referred to in paragraph 2 after section 150a of trade regulations.
(4) in the case of orders to the tune of EUR 30 000 the contracting authority requests information from the commercial register referred to in paragraph 2 for the candidate or the candidate that should receive the contract, prior to contract award according to § 150a of the GewO.
(5) before the decision on the exclusion of the candidate or the candidate can be heard.
Footnote (+++ par. 6 (sections 16 to 23): to the application see §§ 13 & 13a +++) section 23 section 22 (dropped out) rude is fine rules (1), who intentionally or negligently a condition there referred to work not or not timely grants 1 contrary to section 8, subsection 1, sentence 1 or paragraph 3 or a contribution does not or not timely, 2. contrary to § 17 sentence 1 in conjunction with § 5 para 1 sentence 1 of the undeclared work fighting law not tolerate an examination or has no effect with a check , 3. contrary to section 17 sentence 1 in conjunction with § 5 para 1 sentence 2 of the undeclared work fighting law entering a real estate or business premises not condone, 4. contrary to § 17 sentence 1 in conjunction with § 5 para 3 sentence 1 of the undeclared work fighting law data not, not, not completely, not in the prescribed manner or not timely submitted, 5. contrary to § 18 1 sentence 1 or paragraph 3 sentence 1 is a registration does not , incorrectly, incompletely, presented in the prescribed manner or in a timely manner or not, not properly, not completely, not in the prescribed manner or in a timely manner 6 contrary to § 18 para 1 sentence 3, also in connection with paragraph 3 directs to, sentence 2, the notification of a change not, not properly, not completely, not in the prescribed manner or in a timely manner makes 7 contrary to § 18 paragraph 2 or 4, insurance not , not properly or in a timely manner 8 contrary to § 19 paragraph 1 sentence 1, also in conjunction with sentence 2, a record adds, not, not properly, creates incomplete or not in a timely manner or not or at least two years kept or 9 violates article 19, par. 2, holds a document incorrectly, incompletely or not in the prescribed manner.
(2) any person is, who lets perform works or services to a significant extent by an other entrepreneur, he as a contractor commissioned by the he knows or negligence do not know that in fulfilling this order 1 contrary to section 8, subsection 1, sentence 1 or paragraph 3 a condition there referred to work is not or not timely grants a contribution does not or not timely or 2 uses a subcontractor or admits , that a contractor operates is not or not timely granted a condition there referred to work contrary to section 8, subsection 1, sentence 1 or paragraph 3 or not or not timely contribution.
(3) the offence can in cases of paragraph 1 No. 1 and paragraph 2 with a fine up to five hundred thousand euros, in other cases a fine punishable up to thirty thousand euro.
(4) administrative authorities no. 1 of the code of administrative offences are the authorities referred to in section 16 within the meaning of § 36 para 1 each for their area of business.
(5) the administrative enforcement law of the Federal Government applies to the enforcement for the benefit of the authorities of the Federation and the Federal legal persons of governed by public law, as well as for the execution of the actual arrest according to § 111 d of the code of criminal procedure in connection with section 46 of the code of administrative offences by the authorities referred to in article 16.
Footnote (+++ par. 6 (sections 16 to 23): to the application see §§ 13 & 13a +++) section 7 final provisions article 24 evaluation are minimum pay rates pursuant to § 7 in terms of their employment effects, employment liable for social security, as well as the creation of an appropriate minimum working conditions, to review five years after the entry into force of the Act.

§ 24a transitional provisions
§ 1 subject to the proviso that a fall below of the minimum wage prescribed by the minimum wage law with the objectives of article 1 is compatible if this below is required to bring about a gradual pre-accession of wage levels on the provisions of the minimum wage law in the sector concerned and taking into account fair and functioning competition conditions and the preservation of social security employment into account is valid in the period from 1 January 2015 until 31 December 2017.

Article 25 entry into force, expiry of this Act enters into force on the day after the announcement.