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Minimum wage - report non-compliance

The minimum wage is currently EUR 8.84. It is adjusted every 2 years, next time on January 1, 2019. Exceptions to the minimum wage obligation, which were partially permitted until December 31, 2017, are no longer permitted as of January 1, 2018...

The minimum wage is currently EUR 8.84. It is adjusted every 2 years, next time on January 1, 2019. Exceptions to the minimum wage obligation, which were partially permitted until December 31, 2017, are no longer permitted as of January 1, 2018.
components
The minimum wage is a gross wage. Payments by the employer that compensate for the "normal activity" of the employee are considered part of the minimum wage. Payments that an employee receives as compensation for additional benefits, expense allowances and additional benefits are not creditable. For example, capital-forming benefits are not wages and therefore do not count towards the minimum wage.

Important notes

Prerequisites

You are not entitled to minimum wage if you:

  • have not yet reached the age of 18 and have not completed vocational training,
  • are trainees according to the Vocational Training Act, including pre-vocational training measures,
  • work on a voluntary basis
  • do a voluntary service
  • Participants in job promotion measures (e.g. 1-Euro-Job),
  • were long-term unemployed within the meaning of § 18 Paragraph 1 SGB III immediately before starting employment, within the first six months,
  • are homeworkers according to the Homework Act or
  • are self-employed.

Documents required

not specified

Please note

Special regulations for certain groups of people:
- interns
As an intern, you are generally entitled to minimum wage. However, so-called mandatory internships are exempt from the minimum wage, i.e. in particular those that you are obliged to complete due to a school law regulation, a training regulation or a university law regulation. There is also no entitlement to the minimum wage for voluntary internships that serve to provide career orientation (orientation internships) or are carried out as part of training or studies and last no longer than 3 months. However, if such an internship lasts longer than 3 months, it must be remunerated with the minimum wage from the first day. In addition, the minimum wage does not apply to internships as part of an introductory qualification under SGB III and measures to prepare for vocational training under the Vocational Training Act. Internships can be very individual. If you have specific questions, use the personal telephone consultation.

- Trainee
People who are in vocational training do not receive a minimum wage. Their remuneration is regulated by the Vocational Training Act.

- Marginally employed
As a part-time worker, you are entitled to minimum wage. You only have to pay 3.6% of the gross salary for statutory pension insurance. An exemption from this is possible. Employer contributions to social security are not taken into account when calculating the minimum wage. The employer must bear the contributions to statutory health insurance and statutory pension insurance that are incurred as part of your mini-job – in addition to the gross hourly wage. However, the employer may transfer the uniform flat-rate tax of 2% of the salary to you.

- part-time employees
Part-time employees are also entitled to the minimum wage.

More detail questions
- Piece and piece wages
Piece and piece wages are permitted if it is ensured that the employees receive the minimum wage for each hour actually worked.

- Standby times
According to general principles, standby times are to be remunerated with the minimum wage insofar as they are to be regarded as working hours subject to remuneration according to case law.

- Single payments
One-off payments (such as Christmas bonuses) can be taken into account when calculating the minimum wage. Due to the due date regulation, however, they can only be counted towards the minimum wage in the month in which they are actually paid out.
Incidentally, a one-off payment can also be made creditable in the form that it is distributed proportionately over several months and is actually and irrevocably paid to the employee on the relevant due date for the minimum wage. The Christmas bonus, for example, could be taken into account when calculating the minimum wage to the extent that it is paid out over the entire year with the monthly statements at one-twelfth at the latest at the end of the following month.

- Cross-border activities
The Minimum Wage Act applies to all employees in Germany. This is also the case for short-term employment in Germany (e.g. for truck drivers driving through).

- Board and lodging for seasonal work
Board and lodging are not cash benefits and therefore cannot be counted towards the minimum wage. However, exceptions are possible for seasonal work. If you have any questions, please use the possibilities of a personal or telephone consultation tailored to your specific case.

Deadlines


  • From January 1st, 2015, a minimum wage of EUR 8.50 applied.

  • Until December 31, 2016, wages of less than EUR 8.50 were only permitted if a collective agreement declared to be generally binding within the meaning of the Posted Workers Act or a statutory ordinance under the Posted Workers Act or the Temporary Workers Act provided for this.

  • Since January 1, 2017, the minimum wage for all employees has been EUR 8.84 and applies to all sectors (exception: newspaper deliverers).

  • Since January 1, 2018, the general statutory minimum wage of EUR 8.84 set by the Minimum Wage Commission has applied without any restrictions.

Procedure & Fees

Fees

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Address and contact information

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