Customs authority raises the alarm: Illegal occupation with fake ID card!
Customs authority raises the alarm: Illegal occupation with fake ID card!
The topic of illegal employment is an increasingly urgent problem in Germany. According to Radio Kiepenkerl , the main customs office in Münster regularly meets workers who work with fake IDs. However, these people are increasingly showing real, but not their own ID documents. These practices are not only illegal, but also dangerous for the employees concerned.
Responsibility lies with both the employees and the employers. People who leave their ID to third parties are just as punishable as the employers who accept these documents. It is therefore of crucial importance that employers check the ID cards for their validity and belonging. Enlightenment of the companies is essential to stop these machinations.
examination of the ID documents
Another essential point is that applicants should appear personally in the company in order to present a valid ID. A copy of the ID alone is not enough because it does not offer the necessary falsification security. Employers should thoroughly compare all data and the passport photo of the ID with the applicant. If there are discrepancies, for example in terms of age, should be mistrust immediately.
is also recommended to make a copy of the ID and an employee photo. An additional risk is that a person appears to be a hiring interview, while the actual work is done by someone else. Therefore, companies whose employees do not work on site should carry out random checks at the workplaces. In the event of suspected illegal employment, it is advisable to inform the responsible authorities.
legal consequences and current cases
In addition to the situations described, the focus is also on the judicial consequences of illegal employment. The Federal Court of Justice (BGH) decided on September 11, 2024 in a criminal matter to deal with third-country nationals with the help of fake A1 certificates. The accused operated from Estonia, Lithuania and Latvia with a turnover of 29 million euros over four years, while they are evading numerous million euros in social security contributions, reports Ferner & Alsdorf . In this case, the posted workers came from non-EU countries such as Ukraine and the Republic of Moldova and had no necessary work permit. The fake A1 certificates and ID cards showed the appearance of legal employment in Germany. The BGH made it clear that such fake certificates have no legal effect if the identities are fake. The defendants were therefore convicted not only for the interrogation of foreigners, but also because of the perseverance and misappropriation of wages.These decisions and controls illustrate the strict requirements that in Germany insist on the legality of A1 certificates and the serious criminal consequences in the event of their abuse. Employers and employees are invited to become aware of these problems in order to avoid the legal consequences of illegal employment.
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