TNAG-2368-FCO40-3441-Future-of-Hong-Kong-international-support-regarding-national-1991 — Page 56

serious cases the punishment is imprisonment for from 6 months up to 5 years. An especially serious case Occurs as a rule when the perpetrator is acting on a commercial basis or for outright profit.

Anyone who conducts placement in the Federal Republic of Germany without a placement contract under § 23 of the AFG acts unlawfully, if the employee and the employer have their residence or business in the Federal Republic of Germany. This misdemeanour can be punished with a fine of up to 30.000. DM

(@ 228, paragraph 1, No. 2 and paragraph 2 of the AFG).

Infringements against the above-mentioned provisions have among other things the effect that any legal claim by the placement agent to a placement fee or any other fee is forfeited (@ 134 of the Civil Code - BGB -). Fees which have unlawfully been charged can be claimed back in accordance with § 817 of the BGB.

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Emplovers and workers who take part in unauthorised placement activities may possibly render themselves guilty of punishable

incitement or aiding and abetting a misdemeanour or participating in an offence. Personnel advisers who are

involved in unauthorised recruitment make themselves just as punishable as the employer.

I should also point out that non-German workers who need a work permit can in principle not receive a work permit if their employment i in the Federal Republic of Germany has come about on the basis of unauthorised placement or recruitment. If non- German workers take up employment without the necessary work permit. a fine can be imposed under € 229 of the AFG both on the worker and on the employer.

I

Because of the position described above, should be grateful

if you would refrain from any placement with reference to the Federal republic of Germany.

You can however, for your placement business, approach my Central Placement Office (ZAV), Post Box 17 05 45, D - 6000 Frankfurt 1, telephone: 069-71110. That office will as far as possible support you in your efforts to search for vacancies and applicants. It is a precondition for professional placement agents or personnel advisers that they should be legally operating in their own countries.

Enclosure

Yours sincerely,

./.

(Henke)

BA IV 2.88