Introducing a minimum wage in Germany: DO NOT RISK FINES AND CONTACT US!
MEPs today in Strasbourg did not approve a compromise agreement on rules for the sending of drivers and other rules on road transport, which was drafted by the Transport Committee TRAN.
Everything will be re-examined in July with a number of amendments, but it may happen that the Parliament does not approve anything.
The minimum wage is increased from the current € 8.50 to € 8.84 per hour from 01/01/2017.
Time recording application:
The Ministry also provides its own time recording application. The application is called BMAS-APP “einfach erfasst”.
Simplified registration of working time is possible for employees who perform exclusively mobile work.
From 1stJanuary 2015, a minimum wage in the territory of Germany applies to all, that is to mobile employees of domestic as well as foreign companies.
The Minimum Wage Act (MiLoG), in addition to the hourly wage of at least €8.84 per hour, also sets the obligation to report work activity and its documentation.
MiLoG applies only to employees, which means that who carries out work as a self-employed person is not entitled to a statutory minimum wage.
Before sending a driver to Germany must every haulier from another country draw up a posting plan of a driver and notify the Customs Office in Cologne of the name, surname and date of birth of the driver on the prescribed German language form for each driver and also the expected start of work in Germany and the expected duration of the work.
Consequently, the employer must record in the working statement separately the working time in Germany, always at the latest within 7 days from the working activity.
All forms must be filled out in German, and they should be kept for 2 years in case of inspection.
The Minimum Wage Act (MiLoG) does not include employer’s contribution to the minimum hourly wage.
The minimum wage does not include contributions to:
- reimbursement of the cost of living, so-called diets,
- overtime work,
- contribution for working on holidays and Sundays,
- holiday contributions,
- Christmas contributions (excluding wages calculation for the month of December).
Until 31 December 2017 apply to some branches, with so called tariff contracts exception from MiLoG in cases, when the tariff contracts are below 8,84€. These are mainly: butchers (meat processing industry), hairdressers, laundry staff, agency staff (promoters, security staff, cleaners), health care staff, dumpers, etc.
However, from 1 January 2018, the minimum wage will apply to all employees in Germany.
In the event of breaching MiLoG law, the customs office is entitled to give fine of € 30,000, and in case of not paying the basic minimum wage the fine is up to € 500,000. If the customs office fines a firm, it is excluded from the opportunity to participate in the procurement procedure for a specific period of time.
TRANSSERVICE offers solutions:
Our service includes:
- creation of the necessary plan to post drivers to Germany,
- completion and transmission of a notification to the competent authority of the posting of drivers to Germany.
TRANSSERVICE will closely monitor all available information on a daily basis and will inform immediately about all changes.
For more information, please contact us at the following phone numbers:
Telephone: +421 (0) 31 784 2352
Mobile: +421 (0) 902 624 876 or +421 (0) 918 426 863
info @ transservice.sk
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