Breadcrumb

Act to intensify measures against illegal employment and tax evasion connected with illegal employment (Act to Combat Clandestine Employment).

Country(ies)

Germany

Subjects (Classification)

Social security (general standards)

Adopted on (Date of text)

2004-07-23

Scope of text

National

Type of legislation (Type of text)

Law, Act

Original title

Gesetz zur Bekämpfung der Schwarzarbeit und illegalen Beschäftigung - SchwarzArbG

Abstract/Citation

Illegal employment is defined as the performance of work or services for which: the employer has not fulfilled their reporting obligations to the relevant authorities with respect to the performance of work or services; the tax payer breaches their tax obligations; recipients of social benefits do not fulfil their reporting obligations to the social security bodies; a provider of services or work that does not fulfil their obligations under the Trade Ordinance (GewO) with respect to registration; or a provider of services or work who has not registered under the Trades and Crafts Ordinance (HandwO). It does not apply, inter alia, to volunteer work or work done by family members or spouses within the meaning of section 15 of the Tax Code. The Law establishes powers of investigative agencies with respect to the control and inspection of company documents and facilities related to the recruitment and employment of undeclared workers. It sets out both penal and civil penalties for violations with respect to the fraudulent acquisition of social benefits through violation of reporting obligations; the employment of irregular migrants working under adverse working conditions; employment of irregular workers who are victims of trafficking; and the employment of irregular migrants including child labour.