Der Nachweis im mindestlohnrechtlichen Sanktionsverfahren

As a pioneer work the paper examines to what extent during the control and enforcement of the German statutory minimum wage collected pieces of evidence can be used for proof of criminal and administrative offenses. It draws the conclusion, that the current way of control and sanctions regarding the minimum wage by the customs authority violates the ordinary law and even the German constitution: For instance is it contrary to law to control employers without any substantiate suspicion. Controlled persons are to be instructed about their right to remain silent. The obligation to create and provide self-incriminating documents requires the exclusion of this evidence for the proof of criminal and administrative offenses. By illuminating those and several other potential breaches of law by the customs authority, the employers will be empowered to defend themselves more efficient against illegal controls.