Employees' obligations in the case of inspections
If you are an employee and subject to a customs inspection, you are compelled by law to allow such inspection to be conducted and to cooperate fully.
Upon request, you must provide all the necessary information, such as
- your personal details,
- details on your employment relationship (e.g. working hours, wages, employment contract, modes of payment),
- the documents which you are obliged to carry as proof of the scope, type and duration of your employment relationship, and/or
- the identity documents you are carrying.
If you are employed to drive a transport vehicle such as a bus, lorry or taxi, you must bring your vehicle to a halt when requested to do so by the customs authorities.
While carrying out a paid activity in certain industries (such as the construction, restaurant and hospitality business, or in industrial cleaning) you are compelled to always carry your identity card, passport, or the respective substitute document and hand it on request to the customs authorities for inspection.
As a temporary agency worker you are required to carry and show such documents only if you are working in an industry that is subject to the carrying requirements described above.
The relevant industries are listed here:Instruction sheet on the carrying and showing requirements of identity papers
Foreigners are obliged, upon request, to make available to the customs authorities their passport, substitute passport or identity paper as well as their residence title, toleration or permit. Where there is indication of an infringement of immigration laws you must hand over such documents to the customs authorities for transfer to the competent foreigners authority.
You can refuse to answer questions that may incriminate yourself or someone close to you (e.g. your fiancé, spouse, common-law partner). This right of refusal does, however, not affect your obligation to make information available during an inspection. You must in every case provide details of name and address.
If you fail to cooperate during an inspection, in particular by
- not complying with your information duties, or
- not carrying the legally required identity papers, or
- not handing such papers to the customs authorities upon request,
then you are guilty of an administrative offence and can be fined.