What are the requirements for the application of the Minimum Wage Act?
January 6, 2024 | 40,00 EUR | answered by Claudia Köhler
Dear Tax Advisor,
My name is Robert Jensen and I run a medium-sized company with 50 employees. Lately, I have noticed some uncertainties regarding the application of the minimum wage law. As the responsible managing director, I want to ensure that we comply with all legal requirements and avoid any legal issues.
The current situation in our company is that we do not have precise knowledge of the conditions for the application of the minimum wage law. While we pay our employees a fair wage, I am unsure if this meets the legal requirements. There is a concern that we may be in violation of the minimum wage law and face high fines or legal consequences.
Therefore, my question to you as experts in payroll: What specific requirements apply to the application of the minimum wage law in my company? Are there certain criteria we need to meet to ensure that we are acting in compliance with the law? What measures can we take to avoid potential violations and ensure compliance with the minimum wage law?
I thank you in advance for your support and expertise in this matter.
Sincerely,
Robert Jensen
Dear Mr. Jensen,
Thank you for your inquiry regarding the application of the Minimum Wage Act in your company. As a tax consultant specializing in payroll, I am happy to assist you with your questions.
The Minimum Wage Act (MiLoG) generally applies to all employees, regardless of the size of the company. The minimum wage is currently 9.60 euros gross per hour and must be paid by employers to their employees. To ensure that you are acting in accordance with the law, you should first check if all your employees are receiving the minimum wage.
However, there are exceptions and special considerations that must be taken into account. For example, certain industries have specific minimum wages that are above the legal minimum wage. Interns, trainees, and marginally employed workers may also be exempt from the minimum wage regulation under certain circumstances. It is therefore important to review the exact circumstances of your employment relationships to ensure that you comply with all legal requirements.
To avoid potential violations, I recommend keeping detailed documentation of your payroll and working hours. This not only helps with compliance with the Minimum Wage Act, but also with avoiding other employment law issues. Additionally, you should conduct regular training for your staff to ensure that all employees are informed about their rights and obligations.
If you are unsure whether your payroll practices meet the legal requirements, I recommend seeking advice from a specialist lawyer in labor law or a tax consultant with expertise in payroll. They can provide you with individual advice and make any necessary adjustments.
I hope this information is helpful to you and I am available for any further questions.
Sincerely,
Claudia Köhler
