In many areas of business life, complex administrative regulations apply \u2013 from employee protection and working time law to specific matters such as the LSD-BG (Law on the Control of Dangerous Substances), A\u00dcG (Temporary Employment Act), or AuslBG (Foreign Nationals Employment Act). If these regulations are violated, it can quickly lead to administrative penalties. Particularly explosive: Without appropriate organisation and responsible representatives, the penalty regularly affects all managing directors personally \u2013 even if a violation was actually committed by employees. <\/p>\n\n\n\n
An effective solution is to appoint responsible officers in accordance with Section 9 of the Administrative Offences Act (VStG). However, their appointment only provides relief if it is carried out correctly in terms of form and organisation. This article provides a concise overview of the most important points that companies need to consider.<\/p>\n\n\n\n
Without special measures, a \u201emultiplier effect\u201c applies in administrative penal law: the same administrative penalty can be imposed multiple times if there are several managing directors. Even formal errors in payroll accounting or violations of employee protection can therefore lead to significant burdens.<\/p>\n\n\n\n
However, if a responsible representative is effectively appointed, administrative criminal law responsibility for clearly defined areas is transferred to this person.<\/p>\n\n\n\n
Example:<\/strong> For an order to be legally binding, it must all of the following conditions met <\/strong>to be<\/p>\n\n\n\n Suitable person<\/strong><\/p>\n\n\n\n Responsible persons must:<\/p>\n\n\n\n Senior employees or authorised signatories are often considered.<\/p>\n\n\n\n 2. Clearly defined area of responsibility<\/strong><\/p>\n\n\n\n The area of responsibility must be clearly defined \u2013 spatially, functionally, or both. Vague phrasing like \u201eresponsibility for the vehicle fleet\u201c is ineffective. Recognised examples include:<\/p>\n\n\n\n 3. Actual authority<\/strong><\/p>\n\n\n\n The authorised person must be empowered to,<\/p>\n\n\n\n \u201eNotification rights\u201c alone are not enough.<\/p>\n\n\n\n 4. Written order and consent<\/strong><\/p>\n\n\n\n Order and consent must be clearly documented \u2013 and be in place before any administrative offence.<\/p>\n\n\n\n 5. Organisation and Control<\/strong><\/p>\n\n\n\n The management remains committed,<\/p>\n\n\n\n Please note that the management's duty of supervision does not cease, even if responsibility is delegated.<\/p>\n\n\n\n Taking on the role means, in serious cases, personal administrative criminal responsibility. Companies should therefore offer a fair overall package \u2013 for example, including a role allowance, inclusion in D&O insurance, or covering the costs of legal representation in proceedings (provided there is no intent).<\/p>\n\n\n\n In practice, it has been shown that with clear guidelines and appropriate safeguards, employees are perfectly willing to take on the role.<\/p>\n\n\n\n The effective appointment of responsible officers is a central element of liability prevention. This can significantly relieve the burden on managing directors, particularly in large or complexly structured companies, provided it is carried out correctly, in writing, and with careful organisational planning.<\/p>\n\n\n\n For the order, the following applies:<\/p>\n\n\n\n If these cornerstones are met, administrative criminal liability effectively shifts to the appointed individual \u2013 and managing directors significantly reduce their personal risk.<\/p>\n\n\n\n <\/p>\n\n\n\n Created: 28.04.2026 <\/p>","protected":false},"excerpt":{"rendered":" Die Bestellung von verantwortlichen Beauftragten gem\u00e4\u00df \u00a7 9 VStG ist wichtig zur Entlastung von Gesch\u00e4ftsf\u00fchrer:innen in gewissen Themen. Doch deren Bestellung ist nur dann entlastend, wenn sie formal und organisatorisch korrekt erfolgt.<\/p>","protected":false},"author":10,"featured_media":1093,"comment_status":"closed","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_acf_changed":true,"footnotes":""},"categories":[89,1],"tags":[120,119],"location":[],"class_list":["post-1092","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-arbeitsrecht","category-news","tag-geschaftsfuhrung","tag-verwaltungsstrafrecht"],"acf":[],"yoast_head":"\n
Without an order, a three-person management board can be held liable for a violation with a fine of, for example, EUR 25,000 each \u2013 a total of EUR 75,000.
If a responsible representative has been duly appointed, the penalty applies solely to them \u2013 the managing directors do not have to pay.<\/p>\n\n\n\nWhat are the requirements for the order?<\/h4>\n\n\n\n
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How do you motivate employees to take on the role?<\/h4>\n\n\n\n
After ordering: What to do?<\/h4>\n\n\n\n
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Conclusion: high demands \u2013 but clear advantages<\/h4>\n\n\n\n
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Source: Lindeverlag\/Christian Fitz<\/sup>
Picture: Cottonbro <\/sup><\/p>\n\n\n\n