COMPLIANCE & RIGHT · TREATY
Remuneration, targets and the handling of errors influence the behaviour in the company. A professional system takes into account legitimate working methods and responds to violations in a comprehensible manner. Labor law requirements, co-determination and intellectual property rights must be observed.
Check incentives for conflict of objectives
An exclusively turnover-related objective may favour inadmissible commitments or the circumvention of controls. Companies therefore check whether quality and compliance are adequately taken into account. Changes to remuneration conditions must be implemented legally effectively.
Pre-measure situation
Before a sanction, it is necessary to clarify what actually happened, which rules applied and which responsibility the person concerned was responsible. A suspicion is not proof. Consultation, proportionality, time limits and, where appropriate, participation rights shall be taken into account.
Uniform standards
Comparable cases require objectively comprehensible criteria. Differences can arise, for example, from responsibility, fault and consequences; a higher hierarchy does not justify special status. The reasons for the decision should be documented.
Error culture and whistleblower protection
The voluntary disclosure of a mistake may be important for the investigation. It does not replace the examination of facts or legal property rights. Protected notifications shall not be answered with inadmissible reprisals; a staff measure must be based on sound grounds.
Legal classification and advice
Organizational and supervisory obligations are governed by legal form, activity and specific risk situation. An important point of reference is § 130 OWiG. The measures required can only be assessed on the basis of the company concerned. We examine the legal requirements, arrange responsibilities and develop feasible rules and control points.
Four practical examples
The following fictitious cases illustrate typical examination questions. The concrete solution depends on the circumstances of the individual case.
01 · Bonus only by turnover
A bonus model favours uncontrolled commitments. After legal examination, quality, compliance with rules and responsibility are also taken into account.
02 · Different reactions
Similar violations are treated differently depending on the hierarchy. A factual assessment framework supports comprehensible and proportionate decisions.
03 · Errors reported voluntarily
An employee makes a mistake of his own. Enlightenment, protection regulations and individual responsibility are assessed separately.
04 · Automatic sanction
A control system marks a deviation. Before a staff measure, facts, consultation, proportionality and participation rights shall be examined.
Your next step
Do you want to transfer the requirements to your company or have a specific process checked? A brief description and a reference to existing deadlines are sufficient for the first contact. We shall vote on the scope of examination and compensation prior to commissioning.