Main customs office Hamburg

Minimum wage - report non-compliance

Prerequisites

You are not entitled to minimum wage if you:

• have not yet reached the age of 18 and have not completed vocational training,
• complete vocational training or a vocational training preparatory measure,
• are volunteers
• perform voluntary service,
• Participants in employment promotion measures include (for example, 1-euro jobs),
• were long-term unemployed immediately before starting employment, within the first six months,
• Home workers according to the Home Work Act are or
• are independent.
• Long-term unemployed people during the first six months of their employment after the end of unemployment

Documents required

Please note

• As an intern, you are entitled to the minimum wage. Exceptions to this are...
  • Mandatory internships (for example, due to school regulations, training regulations, or university regulations).
  • Voluntary internships that serve career orientation (orientation internships) or are undertaken alongside training or studies and do not last longer than 3 months.
  • Internships as part of an entry-level qualification according to the German Social Code, Book III (SGB III) and measures for vocational training preparation according to the Vocational Training Act.
• You are also entitled to a minimum wage if you are marginally employed or work part-time.
• Piece-rate and performance-based wages are permissible if it is ensured that employees receive the minimum wage for each hour actually worked.
• On-call time must be paid at the minimum wage if, according to case law, it is considered to be compensable working time.
• One-off payments (such as Christmas bonuses) can be taken into account when calculating the minimum wage.
• The minimum wage law applies to all employees working in Germany. This also applies to short-term employment in Germany (for example, for truck drivers passing through).
• Board and lodging cannot be counted towards the minimum wage. However, exceptions are possible for seasonal work.

Deadlines

No.

Procedure

Processing time

No.

Fees

No.

Legal remedies

No.

Legal basis

Section 14, Paragraph 3 of the Minimum Wage Act (MiLoG)


https://www.gesetze-im-internet.de/milog/BJNR134810014.html