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

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Law on mandatory working conditions for workers posted on a cross-border basis and employed regularly in the national territory (Employees ' Posting Act-AEntG)

Non-official Table of Contents

AEntG

Date of Date: 20.04.2009

Full quote:

" Workers ' 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) "

:Last modified by Art. 6 G v. 11.8.2014 I 1348
The external force is gem. Art. 15 (2) G v. 11.8.2014 I 1348 is

See Notes

Footnote

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

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input formula

The Bundestag has a majority of its members and With the approval of the Federal Council, the following law was adopted:

Section 1
Objective

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§ 1 objective

objectives of the law are the creation and enforcement of reasonable minimum working conditions for cross-border posted and for regular in the domestic sector, employees and employees, as well as the guarantee of fair and functioning conditions of competition, by the extension of the legal standards of sectoral collective agreements. At the same time, the aim is to maintain employment subject to social security and to safeguard the function of the order and the peaceful function of collective bargaining.

Section 2
General Working Conditions

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§ 2 general working conditions

The regulations contained in laws, regulations or administrative provisions relating to
1.
the minimum rates, including overtime rates,
2.
paid Minimum annual leave,
3.
the maximum working hours and minimum rest periods,
4.
Conditions for the transfer of labour, in particular by temporary employment agencies,
5.
Safety, health and hygiene at the workplace Workplace,
6.
The protective 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
also find employment relationships between one abroad

Section 3
Collective Labour Conditions Contractual Conditions

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§ 3 Agreement on working conditions of collective agreements

The legal standards of a nationwide collective agreement can be found under the conditions § § 4 to 6 also apply to employment relationships between an employer with a head office abroad and his employees and employees who are employed within the territorial scope of this collective agreement, if the collective agreement is deemed to be Collective agreement according to § 4 (1) (1) is declared to be generally binding, or a legal regulation according 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. Non-official table of contents

§ 4 Industries

(1) § 3 applies to collective agreements
1.
of the construction industry or the bathroom industry in the sense of the construction industry-ordinance of 28. October 1980 (BGBl. 2033), as last amended by the Regulation of 26 June 2008. April 2006 (BGBl. 1085), as amended, including the provision of assembly facilities on construction sites outside the company's premises,
2.
Building cleaning,
3.
for postal services,
4.
for Security services,
5.
for mining specials on hard coal mines,
6.
for laundry services in object customer store,
7.
of waste management including Road cleaning and winter service,
8.
for education and training services according to the Second or Third Book of the Social Code and
9.
for battles 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 in the public interest appears in order to achieve the legislative objectives referred to in § 1, and in particular to counteract a competition for displacement in respect of wage costs. Non-official table of contents

§ 5 Working conditions

The subject of a collective agreement according to § 3 may be
1.
Minimum rates of compensation that are based on the type of activity, qualification of employees and employees, and Regions may differ, including overtime rates,
2.
the duration of the holiday leave, the holiday pay or an additional Leave allowance,
3.
The recovery of contributions and the granting of benefits in connection with holiday entitlements referred to in point 2 by means of a joint establishment of the Collective bargaining parties, if it is ensured that the foreign employer is not simultaneously used to contribute to the joint establishment of the collective bargaining parties 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 provides for the payment of the benefits provided by the foreign employer in order to comply with the statutory, contractual or individual contractual leave entitlement of his or her Worker or his worker has already provided, and
4.
Working conditions within the meaning of § 2 (3) to (7).
Working conditions as set out in the first sentence of 1 up to 3 shall also include arrangements for the due date, including any agreed exceptions and the conditions to which they are due. Non-official table of contents

§ 6 Special regulations

(1) This section does not apply to initial installation or installation work, which is part of the of a supply contract, are essential for the putting into service of the delivered goods and are carried out by skilled workers or skilled workers or workers of the supplier, if the duration of the posting is shall 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 in accordance with § 5 No. 4.(2) In the case of a collective agreement pursuant to § 4 (1) no. 1, this section shall apply if the holding or the self-employed operating department, in the sense of the technical scope of the collective agreement, predominantly works as construction services pursuant to § 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 operating department predominantly provides cleaning services.(4) In the case of a collective agreement in accordance with § 4 (1) no. 3, this section shall apply if the holding or the self-employed business department carries out mainly commercial or commercial letter consignments for third parties.(5) In the case of a collective agreement pursuant to § 4 (1) (4), this section shall apply if the holding or the self-employed business department predominantly provides services of the security and security industry or control and order services. for the protection of all types of legal goods, in particular life, health or property.(6) In the case of a collective agreement in accordance with § 4 (1) no. 5, this section shall apply if the holding or the self-employed operating division, on behalf of a third party, mainly creates pit rooms on domestic coal mines, or other day-to-day mining special works.(7) In the case of a collective agreement in accordance with § 4 (1) no. 6, this section shall apply if the holding or the self-employed business department is predominantly textile for commercial customers as well as public or ecclesiastic Equipment washes, 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 in accordance with § 4 (1) no. 7, this section shall apply if the holding or the self-employed operating division mainly collects waste within the meaning of Section 3 (1) sentence 1 of the Circular Economic Law, Transport, storage, disposal, disposal or services of the sweeping and cleaning of public transport areas and of the removal of snow and ice from public transport areas, including scatter services.(9) In the case of a collective agreement pursuant to § 4 (1) no. 8, this section shall apply if the holding or the self-employed business department is primarily training and further education measures after the second or third book 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 Article 4 (1) (9), this section shall apply in establishments and independent operating departments in which slaughtered or meat is mainly processed (holdings of the meat industry) and in Enterprises and independent operating departments, which use their employees mainly in the meat industry. The slaughter shall cover 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 takes place directly at the request of the end consumer. Non-official 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 in the sense of § 4 (1) and § § 5 and 6 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 standards of this collective agreement are applicable to all and not covered by its scope employers, employees and employees who are bound by it, if they appear to be in the public interest, in order to achieve the legislative objectives set out in § 1.(2) If several collective agreements with at least some of the same technical scope are applied in an industry, the legislator, in its decision under paragraph 1, has, in the context of an overall assessment, complementary to those referred to in § 1. Legislative objectives should take account of the representativeness of the respective collective agreements. When the representativeness is established, the priority is to be set to
1.
the number of the The number of employees covered by the collective agreement covered by the collective agreement,
2.
the number of employees covered by the collective agreement. The scope of the collective agreement covered by members of the trade union which has concluded the collective agreement.
(3) For a number of collective agreements, applications for a declaration of general liability shall be submitted by the legislator with special care. to weigh the goods of constitutional status affected by a selection decision and to bring the conflicting fundamental rights interests to a gentle balance.(4) Before the adoption of the regulation, the Federal Ministry of Labour and Social Affairs shall give the employers, employees and employees falling within the scope of the regulation, the parties to the collective agreement and in the cases of the (2) The parties to other collective agreements and joint commissions which, on the basis of ecclesiastical law, at least in part, within the scope of the regulation, apply working conditions for the ecclesiastical employer , shall be held within three weeks from the date of the publication of the draft legislative decree.(5) If an application in accordance with Section 4 (1) is submitted for the first time in accordance with paragraph 1 of this Article, the committee shall be referred to the first sentence of Article 5 (1) of the Collective Agreements Act (collective agreement) after the expiry of the period referred to in paragraph 4. 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). Non-official table of contents

§ 7a Legal regulation for the cases of § 4 paragraph 2

(1) At the joint request of the parties to a collective agreement in the sense 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 standards of this collective agreement apply to all of the provisions of the German Federal Council , and shall not apply to employers, employees and employees who are not bound by it, if it appears in the public interest to achieve the legislative objectives referred to in Article 1, and in particular to: Counteract displacement competition over wage costs.(2) § 7 (2) and (3) shall apply.(3) Before the adoption of the regulation, the Federal Ministry of Labour and Social Affairs shall give the employers, employees and employees who may fall within the scope of the regulation and who may be affected by it, the parties the collective agreement and all trade unions interested in the proceedings, employers ' associations and joint commissions which, on the basis of ecclesiastical law, have working conditions for the ecclesiastical sector Employers shall take the opportunity to submit their written observations within three weeks from the date of publication of the draft regulation. The opportunity for the opinion also includes, in particular, the extent to which an extension of the legal standards of the collective agreement is appropriate to fulfil the legislative objectives set out in § 1, in particular by means of a displacement competition over the to counteract wage costs.(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. Non-official table of contents

§ 8 Obligations of the employer to grant working conditions

(1) Employers with registered offices in Germany or abroad, who are under the scope of a collective agreement pursuant to § 4 (1) (1) and § § 5 and 6 (2) or a legal regulation pursuant to § 7 or § 7a are subject to an obligation to their employees and employees at least the working conditions laid down in the collective agreement for the place of employment and the joint establishment of the parties to the collective agreements to make the contributions which they are due in accordance with Article 5 (3). Sentence 1 shall apply irrespective of whether the corresponding obligation applies to collective agreements pursuant to § 3 of the German collective agreements law 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 shall not apply to him pursuant to § 7 or § 7a of the law. It is also necessary to comply with the provisions of Section 3 of the law on collective agreements or in accordance with § 5 of the law on collective agreements to another collective agreement, is bound.(3) If a temporary agency worker or a temporary worker is employed by the borrower 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 Pursuant to § 7 or § 7a, the distributor shall grant at least the working conditions laid down in this collective agreement or in this regulation, and shall be subject to the conditions laid down by the common body in accordance with this collective agreement. This also applies if the company's operation does not fall within the scope of this collective agreement or this regulation.

Footnote

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

§ 9 waiver, effect

A waiver of the entitlement to the minimum fee according to § 8 is only by court settlement admissible; otherwise, 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 the basis of the legal regulation 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 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. Non-official table of contents

§ 11 Legal regulation

(1) The Federal Ministry of Labour and Social Affairs may, by means of a legal regulation, without the consent of the The Federal Council shall determine that the working conditions proposed by a Commission established in accordance with Article 12 of this Article shall apply to all employers, employees and employees under the scope of a recommendation pursuant to § 12 Paragraph 4 shall apply.(2) The Federal Ministry of Labour and Social Affairs, in its decision pursuant to paragraph 1, has, in addition to the legislative objectives referred to in § 1, the assurance of the quality of the care services as well as the order of church and other carriers of the free In accordance with Section 11 (2) of the Eleventh Book of the Book of Social Law, the administration of welfare should be taken into consideration.(3) Prior to the adoption of a regulation, the Federal Ministry of Labour and Social Affairs shall issue the employers and employees and the parties to collective agreements falling within the scope of the regulation, which shall at least fall partly within the technical scope of the regulation, and joint commissions which, on the basis of ecclesiastical law, lay down working conditions in the field of ecclesiastical employers in the nursing care sector, An opportunity to comment in writing within three weeks from the date of publication of the draft regulation. Non-official table of contents

§ 12 Commission

(1) The Federal Ministry of Labour and Social Affairs is setting up 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: determine the area of ecclesiastic employers in the care sector.(2) The Commission shall consist of eight members. The Federal Ministry of Labour and Social Affairs appoints two suitable persons as well as one substitute on the basis of proposals
1.
The trade unions in the care sector are in charge of collective bargaining,
2.
the employers ' associations in the 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 held by one or more non-voting members. Commissioned by the Federal Ministry of Labour and Social Affairs. The Commission may adopt its rules of procedure.(4) The Commission shall, taking into account the objectives set out in Articles 1 and 11 (2), adopt recommendations on the setting of working conditions in accordance with Article 5 (1) and (2). It may recommend an exclusion period, which meets the requirements of § 9 sentence 3. Recommendations shall be given in writing.(5) The Commission is quorum if all Members are present or represented. A decision of the Commission shall require a majority of three quarters of the members
1.
of the group the members referred to in paragraph 2 (1) and (2),
2.
of the group of members under paragraph 2 (3) and (4),
3.
the group of members referred to in paragraphs 2 (1) and (3) and
4.
of the group of members referred to in paragraph 2 (2). 2 and 4.
The meetings of the Commission are not public; 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. Non-official table of contents

§ 13 Legal consequences

A legal regulation according to § 11 is applicable to the application of § § 8 and 9 as well as sections 5 and 6 a legal regulation in accordance with § 7.

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

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§ 13a equivalence

Regulation (EU) No 1214/2011 of the European Parliament and of the Council of 16 June 2011. November 2011 on the cross-border road transport of euro cash between the Member States of the euro area (OJ L 327, 27.12.2011, p. 1) is the same for the application of § § 8 and 9 as well as sections 5 and 6 of a legal regulation pursuant to § 7.

Section 5
Civil law enforcement

Footnote

(+ + + Dec 5 (§ § 14) 15): For use, see: § § 13 and 13a + + +) Non-official table of contents

§ 14 Liability of the client

An entreprenter who is another entrepenter with the provision of work or services, shall be liable for the obligations of this contractor, a subcontractor or a distributor commissioned by the trader or a subcontractor for the payment of the minimum wage to be paid to employees; or Employees or for the payment of contributions to a joint establishment of the parties to collective agreements pursuant to § 8, such as a guarantor, who has waived the plea of the presume. 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 (net fee).

Footnote

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

§ 15 Court of Jurisdiction

Workers and workers within the scope of this If the law is or have been sent, an action relating to the period of posting may also be brought before a German court for work in the performance of the obligations under § § 2, 8 or 14. This possibility also exists for a joint establishment of the collective bargaining parties in accordance with § 5 No. 3 in relation to the contributions to which they are due.

Footnote

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

Section 6
Control and enforcement by state authorities

Footnote

(+ + + sect. 6 (§ § 16 to 23): For application, see § § 13 and 13a + + +) unofficial table of contents

§ 16 jurisdiction

For the purpose of checking compliance with the obligations of an employer in accordance with § 8, as long as it is The granting of working conditions pursuant to § 5 sentence 1 (1) to (3) shall be the responsibility of the customs administration authorities.

footnote

(+ + + sect. 6 (§ § 16 to 23): For application see § § 13 and 13a + + +) Non-official table of contents

§ 17 Powers of the authorities of the customs administration and other authorities

§ § 2 to 6, 14, 15, 20, 22 and 23 of the In accordance with the provisions of the Black Labour Code,
1.
also applies to the authorities referred to in that law in the form of contracts of employment, in the case of the following documents: § 2 of the Verification Act and other business documents which provide direct or indirect information on the observance of the working conditions in accordance with § 8, and
2.
which have to submit these documents according to § 5 paragraph 1 of the Schwarzarbeitsfighting Act for participation.
§ § 16 to 19 of the Schwarzarbeitscombat Act shall 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 or cooperation with the authorities of the European Economic Area referred to in § 16.

footnote

(+ + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + Sect. 6 (§ § 16 to 23): For application cf. § § 13 and 13a + + +) Non-official table of contents

§ 18 Reporting obligation

(1) Insofar as the legal standards of a collective agreement declared to be universally applicable according to § 4 Paragraph 1 (1), (1) (1) (1) to (3) and (6) (2) or of a regulation pursuant to § 7 or § 7a, insofar as they require working conditions in accordance with the first sentence of Article 5 (1) (1) to (3), apply to the employment relationship, an employer shall be Residence abroad, which employs a worker or a worker, or a worker, or a worker within the scope of this Act, shall, before the commencement of any work or service, require a written record of 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 information about
1.
surname, first name, and date of birth of the Scope of this law employed workers and workers,
2.
Start and expected duration of employment,
3.
Location of employment, in construction services the construction site,
4.
Location in Germany, where the according to § 19 required documents,
5.
surname, first name, date of birth and address in Germany of the person responsible Acting,
6.
Industry to be dispatched to workers and workers, and
7.
Family name, first name and address in Germany of one or one delivery agent, as far as this or this is not responsible with the person or the person referred to in point 5
the sense of the sentence 1, the
shall immediately report any changes to this information.(2) The employer shall attach to the application an assurance that he shall comply with his obligations under § 8.(3) In cases where a distributor with a registered office abroad leaves a worker or a worker, or a worker, or a worker, in respect of the work performance of a staff member, the entleier shall, subject to the conditions set out in the first sentence of paragraph 1, have before the beginning of the any work or service provided by the competent authority of the customs administration to a written application in the German language, with the following information:
1.
Family name, first name, and date of birth of the workers made redundant,
2.
Start and duration of the transfer,
3.
place of employment, construction works the construction site,
4.
Home in Germany, where the documents required by § 19 are kept ready,
5.
Family name, First name and address in Germany of one or one distributor's authorised representative,
6.
Industry to which the workers and workers are posted , and
7.
Family name, first name or company name and address of the distributor.
Paragraph 1, sentence 3 shall apply accordingly.(4) The person responsible for the registration shall be accompanied by an insurance of the distributor, that the distributor complies with his obligations under § 8.(5) The Federal Ministry of Finance may determine by law in agreement with the Federal Ministry of Labour and Social Affairs without the consent of the Federal Council,
1.
in which way and under what technical and organizational requirements a By way of derogation from the first and third sentences of the first and third sentences of paragraph 1, the first and second sentences of paragraph 1 and the second and second sentences of paragraph 1 may be submitted electronically,
2.
Where the notification procedure can be simplified or modified, if the sending of the notification procedure can be simplified or modified, which conditions can be omitted by way of exception, and
3.
The Federal Ministry of Education and Research (BMBF) is responsible for the work of employees and employees within the framework of a regularly recurring work or service, or other special features of the work or services to be provided.
(6) In accordance with the provisions of the first sentence of paragraph 1 and the first sentence of paragraph 3, Finance may determine the competent authority in accordance with the provisions of the first sentence of paragraph 1 and the first sentence of paragraph 3.

Footnote

(+ + + sect. 6 (§ § 16 to 23): For application, see § § 13 and 13a + + +) Non-official table of contents

§ 19 Creating and holding documents

(1) As far as the legal norms of one are generally binding , in accordance with Article 4 (1) (1) (1), (1) (1) (1) to (3) and (6) (2) or a corresponding legal regulation pursuant to § 7 or § 7a of the Treaty on the payment of a minimum pay or the confiscation of contributions and the granting of contributions, 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 hours of the employees at the latest by the end of the seventh record the following calendar day on the day of work, and keep those records for at least two years from the date of the record. The provisions of the first sentence shall apply in the case of an entleier to whom a distributor leaves a worker or a worker, or a worker, or a worker, in respect of work.(2) Each employer shall be obliged to control the compliance with a collective agreement for a general obligation pursuant to § 4 (1) (1), (5) sentence 1 (1) to (3) and § 6 (2) or a corresponding legal regulation pursuant to § 7 or Article 7a of the required documents within the country for the entire duration of the actual employment of the employees within the scope of this Act, at least for the duration of the entire work or service, total but not for more than two years in German. 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 able to fulfil the obligations of the employer or of a hiker according to § 18 and paragraphs 1 and 2 with regard to individual industries or groups of Restrict workers and workers.(4) The Federal Ministry of Finance may, in agreement with the Federal Ministry of Labour and Social Affairs, determine without the consent of the Federal Council, in agreement with the Federal Ministry of Labour and Social Affairs, such as the obligation of the employer to have the daily working time with him. -to record, simplify or change these records, provided that the specific characteristics of the work or services to be provided or specific characteristics of the sector are to be recorded, simplified or modified;

Footnote

(+ + + sect. 6 (§ § 16 to 23): For application, see § § 13 and 13a + + +) Non-official table of contents

§ 20 Cooperation of the domestic and foreign authorities

(1) The authorities of the customs administration inform the Local authorities responsible for financial reporting pursuant to § 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, in accordance with the provisions of data protection law, with the authorities of other States parties to the Agreement on the European Union The Economic Area shall cooperate, carry out tasks corresponding to this Act or be responsible for combating illegal employment, or may provide information as to whether an employer fulfils his obligations under Section 8. The rules 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 legally binding fines decisions pursuant to section 23 (1) to (3), provided that the fine is more than two hundred euros.(4) (omitted) unofficial table of contents

§ 21 Exclusion of public procurement contracts

(1) From participation in a contest for a Contract of supply, construction or service of the contracting entities referred to in § 98 of the Act against restrictions on competition shall be awarded to candidates for a reasonable period of time to the proven restoration of their reliability which have been fined with a fine of at least two thousand five hundred euros in respect of an infringement pursuant to Article 23. The same is true even before a fine procedure is carried out if, in the case of an individual case, there is no reasonable doubt as to a serious misconduct in the sense of the sentence 1 in the light of the evidence.(2) The authorities responsible for the prosecution or prosecution of the administrative offences in accordance with § 23 may, in accordance with § 98 Nos. 1 to 3 and 5 of the Act against restrictions on competition and such bodies as public authorities, be authorized by public authorities to The necessary information shall be provided upon request by contracting authorities which have approved pre-qualification lists or business and supplier directories.(3) In the course of its activity in the commercial central register, the contracting authority under paragraph 2 shall require information on final fine fines for an administrative offence pursuant to section 23 (1) or (2), or require candidates or candidates to take part in the business administration register. Applicants shall make a declaration that the conditions for exclusion referred to in paragraph 1 are not met. In the event of a declaration by the applicant or the applicant, the contracting authorities may, in accordance with paragraph 2, request additional information from the Trade Central Register in accordance with § 150a of the commercial order.(4) In the case of contracts with a value of EUR 30 000, the contracting authority shall, in accordance with paragraph 2, request the applicant or the applicant who is to be awarded the contract, before the award of the award, an information from the Register of Trade Central Register in accordance with § § § § § § 2. 150a of the business order.(5) Before the decision on the exclusion, the applicant is to be heard.

Footnote

(+ + + sect. 6 (§ § 16 to 23): For application, see § § 13 and 13a + + +) untamable table of contents

§ 22 (omitted)

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§ 23 fines regulations

(1) "unlawful act", who intentionally or negligently
1.
contrary to § 8 para. 1 sentence 1 or para. 3, a condition mentioned there is not or not in time , or does not make a contribution in good time,
2.
contrary to § 17 sentence 1 in conjunction with § 5 (1) sentence 1 of the Schwarzarbeitscombat Act (Schwarzarbeitscombat Act) a Examination is not tolerated or does not participate in an examination,
3.
contrary to § 17 sentence 1 in conjunction with § 5 (1) sentence 2 of the Schwarzarbeitscombat Act (Schwarzarbeitsfighting Act) not tolerate a land or business area,
4.
contrary to § 17 sentence 1 in conjunction with § 5 (3) sentence 1 of the Schwarzarbeitscombat Act data not, not correct, not complete, not transmitted in the prescribed manner or not in time,
5.
contrary to the first sentence of Article 18 (1) or (3) sentence 1, no registration, not correct, not complete, not presented in the prescribed manner or not in time, or not, not correct, not complete, not in the prescribed manner or not in time,
6.
contrary to § 18 para. 1 sentence 3, also in conjunction with paragraph 3 sentence 2, a change report not, not correct, not complete, not in the prescribed manner or not in time,
7.
contrary to § 18 para. 2 or 4, do not include insurance, not correct or not in time,
8.
contrary to § 19, paragraph 1, sentence 1, also in conjunction with sentence 2, a recording not, not correct, not complete or not prepared in time or not or not at least two years, or
9.
contrary to § 19 (2), a document does not exist, not correct, not complete or not in the prescribed manner.
(2) The person concerned shall be responsible for the execution of works or services to a significant extent by entrustas, as an entreprent, to another entreptite from whom he or she is aware or negligently not knowing that he/she is responsible for the performance of this contract. style="font-weight:normal; font-style:normal; text-decoration:none; ">
1.
contrary to § 8 para. 1 sentence 1 or para. 3, a condition mentioned there is not or not in time , or does not make a contribution or does not make a contribution in good time, or
2.
means a subcontractor or allows a subcontractor to act, which is contrary to § 8 (
) In the cases referred to in paragraph 1 (1) and (2), the administrative offence may be granted in the cases referred to in paragraph 1 (1) and (2, and (3) the administrative offence may be a fine of up to five hundred thousand euros; in other cases, a fine of up to thirty thousand euros is punishable.(4) Administrative authorities within the meaning of Section 36 (1) (1) of the Code of Administrative Offences shall be the authorities referred to in § 16 for their business activities.(5) For the purposes of enforcement in favour of the authorities of the Federal Government and of the federal direct legal persons under public law, as well as for the enforcement of the holding in rem in accordance with § 111d of the Code of Criminal Procedure in conjunction with Section 46 of the Law The Administrative Enforcement Law of the Federal Republic of Germany applies to administrative offences by the authorities referred to in § 16.

Footnote

(+ + + sect. 6 (§ § 16 to 23): For application, see § § 13 and 13a + + +)

Section 7
Final Provisions

Non-official 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 on the establishment of appropriate minimum working conditions, five years after the entry into force of the Law to be reviewed. unofficial table of contents

§ 24a Transitional control

In the time of 1. January 2015 to 31 January 2015 December 2017 § 1 shall apply, provided that the minimum wage prescribed in accordance with the minimum wage law is compatible with the objectives of § 1, if it is necessary to do so in order to ensure that the industry in question is subject to a minimum wage. The gradual approach of wage levels to the requirements of the minimum wage law, while taking into account fair and working conditions of competition and the maintenance of employment covered by social security contributions. Non-official table of contents

§ 25 Entry into force, override

This law enters into force on the day after the announcement.