In Germany, a statutory minimum wage of currently 9.82 Euros gross per hour of work applies to all employees in all sectors of business. Employees under 18, trainees and interns are generally exempted from the regulation, observing the specific legal definitions. Aside from the statutory minimum wage, there are special regulations and collective bargaining agreements within certain sectors, e.g. the construction sector. Most of these regulations contain a minimum wage above the statutory one. For trainees, a monthly minimum wage is regulated by a separate law.
The current minimum wage of 9.82 Euros gross per hour will be subject to further increases within this year. As of 1 July 2022, the statutory minimum wage amounts to 10.45 Euros. A further increase to 12 Euros gross per hour is scheduled to be implemented on 1 October 2022.
The regulations on the statutory minimum wage can be found in the Minimum Wage Act (Mindestlohngesetz – MiLoG). The statutory minimum wage applies to all employees in all sectors of business and accrues as a gross amount for each hour of work. Difficulties may arise when it comes to assessing whether special forms of work, such as on-call duty, are subject to the minimum wage. The same applies to the question of whether extra payments (e.g. bonuses) count towards the minimum wage, just to mention two legal aspects concerning the application of the minimum wage in practice. Any employer who fails to comply with the applicable statutory minimum...
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