What regulations are there in labor law regarding minimum wage?
July 12, 2022 | 80,00 EUR | answered by Daniel Netz
Dear Business Law Attorney,
My name is Laura Maier and I work as an employee in a small company. Lately, I have noticed that my salary does not comply with the legally established minimum wage. I am concerned that my employer is violating applicable labor laws and would like to learn more about the regulations in labor law regarding minimum wage.
The current situation is as follows: My employer is currently paying me less than the statutory minimum wage, even though I do the same work as my colleagues. I am unsure if this is legally acceptable and if I am entitled to back pay. I want to ensure that my rights as an employee are respected and that my employer complies with the legal requirements.
My concerns mainly revolve around being financially disadvantaged and not being fairly compensated. I do not want my employer to benefit from my lack of knowledge about my rights. Therefore, I wonder what specific regulations exist in labor law regarding minimum wage and how I should proceed to ensure that my salary complies with the statutory minimum wage.
Could you please provide me with information on the current regulations in labor law regarding minimum wage? Are there ways in which I can take action against my employer if they do not comply with the minimum wage? I would greatly appreciate your expert advice on this matter.
Sincerely,
Laura Maier
Dear Mrs. Maier,
Thank you for your inquiry regarding the minimum wage in labor law. It is understandable that you are concerned if you find that your salary does not meet the legally established minimum wage. In Germany, there are clear regulations regarding the minimum wage, which are laid down in the Minimum Wage Act (MiLoG).
According to the MiLoG, there has been a statutory minimum wage of currently 9.60 euros per hour since January 1, 2015. This means that employers are obliged to pay their employees at least this amount per hour worked. The minimum wage applies to all employees, regardless of their employment contract or type of employment.
If your employer pays you less than the statutory minimum wage, they are in violation of the MiLoG. As an employee, you are entitled to receive the minimum wage. This means that your employer is required to retroactively pay you the difference between the actual salary you received and the minimum wage.
To ensure that your salary meets the minimum wage, I recommend that you first have a conversation with your employer and point out the violation of the MiLoG. If your employer is not willing to pay the minimum wage or make a back payment, you can take legal action.
You have the option to go to the relevant labor court and file a claim for back payment of the minimum wage. It is important that you have all relevant documents such as employment contracts, salary statements, and work time records ready to support your claim.
Please note that as an employee, you are protected by the MiLoG and your employer is required to pay the minimum wage. If you have any further questions or need assistance in enforcing your claim, I am happy to help.
Sincerely,
Daniel Netz
Attorney specializing in business law
