HR risk management that is systematic and legally watertight

Compliance was one of the central topics in the personnel sector long before everyone was talking about ESG (environmental, social and corporate governance). This has more recently been reinforced by the requirements of ESG. HR compliance is part of corporate governance, and sustainability is a major component of the compliance DNA of every company. Today, ESG criteria are not just an optional extra but are becoming more and more important, particularly with regard to German and European legislation. The regulations to protect employees, and with them the liability of companies and their management, are constantly becoming more complex. So it’s becoming ever more important not to lose sight of these regulations and to comply with them. If there is a suspicion of non-compliance, the responsible bodies within the company are legally obliged to investigate. In the case of directors, this is laid down by Section 43(2) of the Limited Liability Companies Act [GmbHG], for the bodies of a stock corporation by Section 93 of the Stock Corporation Act [AktG], with the supervisory board’s duty to supervision arising from Section 111 AktG. 

But how can directors, the executive board and the supervisory board be assured that the HR CMS to be implemented or monitored actually fulfils the necessary duties?

Audit of the tax CMS in accordance with IDW AuS 980 (revised)

In its auditing practice statement 1/2016, the Institute of Public Auditors in Germany (IDW) specified how a tax compliance management system is to be designed in accordance with IDW AuS 980. The newest version was promulgated at the end of 2022. The auditing standard and practice statement not only laid down the requirements on the auditor; there are also instructions on how an HR CMS is to be structured.

The HR CMS should be based on these elements and be set out in a description of the HR CMS that can be audited in accordance with IDW AuS 980 (revised). First, the readiness of the HR CMS should be determined in a readiness check to avoid any surprises during the audit. If the organisation is already ready to be audited, an appropriateness test as of a certain date may be conducted. If the HR CMS under audit has already been in regular operation for a longer period of time, we recommend an effectiveness audit. This covers the period in question and thereby offers the highest level of assurance.

Why Grant Thornton?

We are at your side with customised solutions to establish a long-term HR CMS at your company. Grant Thornton combines your business’s individual requirements with the legal requirements of HR, so that you have the best possible legal cover. Collaboration based on trust and clear communication, including on potential risks, comes naturally to us.

How do we work?

Our experts will analyse your specific requirements and risks within the business. This analysis is the basis for developing a customised HR CMS. We will also suggest steps you can take to minimise risk. By working closely with your HR team and other relevant departments, we’ll ensure that the system is embedded functionally in your company structures.

The benefit to you – we work across disciplines. This is how our corporate governance experts ensure close cooperation in the audit with specialists from employment law (HR), so that you can get the maximum added value from the audit of the HR CMS.

Our experts have been compliance auditors and advisers from the outset. We have been auditing various kinds of CMS since 2011. We have developed a tried-and-tested, pragmatic and efficient audit approach, which we have adapted in numerous projects to the specifics of HR CMS audits.

We’ll be glad to talk. With our expertise and experience, you can rely on us to make your company legally secure. Launching and auditing your HR CMS successfully is our common goal!