Service Finder
Minimum wage
Service Description
The minimum wage is currently EUR 8.84. It is adjusted every 2 years, the next time on January 1, 2019.
Exemptions from 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 made by the employer that compensate for the employee's "normal activity" are considered a component of the minimum wage.
Payments received by an employee as compensation for additional benefits, expense allowances and fringe benefits are not included. For example, capital-forming benefits are not remuneration and therefore cannot be offset against the minimum wage.
Who should I contact?
Minimum Wage Phone
Phone: +49 030 602800-28
Availability
Mon 08.00 - 20.00
Tue 08.00 - 20.00
Wed 08.00 - 20.00
Thu 08.00 - 20.00
Fax:+49 228 99 527-2965
E-Mail: mindestlohn@buergerservice.bund
Requirements
You are not entitled to minimum wage if you:
- have not yet reached the age of 18 and are without completed vocational training,
- are a trainee in accordance with the Vocational Training Act, including vocational training preparation measures,
- are engaged in voluntary work,
- are performing voluntary service,
- are participants in employment promotion measures (e.g. 1-Euro job),
- were long-term unemployed within the meaning of Section 18 (1) SGB III within the first six months immediately prior to commencement of employment,
- are home workers in accordance with the Home Work Act, or
- are self-employed.
What deadlines do I have to pay attention to?
- As of 01.01.2015, a minimum wage of EUR 8.50 applied in principle.
- Until December 31, 2016, wages below EUR 8.50 were only permitted if a collective agreement declared to be generally binding within the meaning of the Employee Posting Act or a legal ordinance pursuant to the Employee Posting Act or the Temporary Employment Act provided for this.
- Since January 1, 2017, the minimum wage for all employees has been EUR 8.84 and applies to all industries (exception: newspaper delivery staff).
- Since January 1, 2018, the general statutory minimum wage of EUR 8.84 set by the Minimum Wage Commission has applied without any restriction.
Legal basis
What else should I know?
Special regulations for certain groups of people:
- Interns
As an intern, you are also entitled to minimum wage. However, so-called compulsory internships are exempt from the minimum wage, i.e. in particular internships that are compulsory under school law, training regulations or university law.
Voluntary internships that serve the purpose of vocational orientation (orientation internships) or are performed in conjunction with training or studies and do not last longer than 3 months are also not entitled to the minimum wage. However, if such an internship lasts longer than 3 months, it must be paid the minimum wage from the first day. In addition, the minimum wage does not apply to internships within the framework of an introductory qualification according to SGB III and measures of a vocational training preparation according to the Vocational Training Act. Internships can be very individually designed. If you have specific questions, please use the personal telephone consultation service.
- Trainees
Persons undergoing vocational training do not receive a minimum wage. Their remuneration is regulated by the Vocational Training Act.
- Marginally employed persons
As a marginally employed person, you are entitled to minimum wage. From the gross wage you only have to pay the share of 3.6% for the statutory pension insurance. An exemption from this is possible.
Employer contributions to social insurance are not taken into account when calculating the minimum wage. The employer must pay the contributions to the statutory health insurance and the statutory pension insurance that are incurred in the context of your mini-job - in addition to the gross hourly wage.
However, the employer may transfer the uniform flat-rate tax amounting to 2% of the remuneration to you.
- Part-time employees
Part-time employees are also entitled to the minimum wage.
Further details
- Piece and piecework wages
Piecework and piecework wages are permissible if it is ensured that the employees receive the minimum wage for each hour actually worked.
- Stand-by times
On-call times must be remunerated at the minimum wage in accordance with general principles, insofar as they are to be regarded as working time subject to remuneration according to case law.
- One-time payments
One-time payments (such as Christmas bonuses) can be taken into account when calculating the minimum wage. However, because of the due date rule, they can at most be offset against the minimum wage in the month in which they are actually paid.
In addition, a one-time payment can also be credited in such a way that it is distributed pro rata over several months and actually and irrevocably paid to the employee on the respective due date relevant for the minimum wage. The Christmas bonus, for example, could be taken into account in the calculation of the minimum wage to the extent that it is distributed over the entire year with the monthly settlements, one twelfth each, and paid at the latest at the end of the following month.
- Cross-border activities
The Minimum Wage Act applies to all employees working in Germany. This is also the case for short-term employment in Germany (for example, for truck drivers passing through).
- Room and board for seasonal work
Room and board are not cash benefits and therefore cannot be counted towards the minimum wage. However, exceptions are possible in the case of seasonal work. If you have any questions, please take advantage of a personal consultation or telephone consultation tailored to your specific case.
Author
The text was automatically translated based on the German content.
Technically approved by
Federal Ministry of Labor and Social Affairs
Professionally released on
14.02.2018
Source: Zuständigkeitsfinder Thüringen (Linie6PLus)
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