Minimum rates (Mindestlöhne)
At the time of work abroad, a Polish employer posting an employee to Germany should provide him with a salary equal at least to the rates in force in that country where the employee performs work. Such an obligation arises from both the EU Directive 96/71 / EC and the German Law on the posting of workers (Arbeitnehmer-Entsendegesetz).
Pursuant to this Act, generally applicable regulations in the field of employment are requirements in the field of sectorial remuneration – this means that in a specific case (eg in the construction industry) it is necessary to pay the employee according to the minimum wage rate specified for individual federal states and this rule is apply when such a minimum wage is included in the German Law on the posting of workers (Arbeitnehmer-Entsendegesetz) and the company employing such an employee has concluded a collective labor agreement for the minimum wage. The above Act indicates that its provisions also apply to such terms of employment as:
- minimum annual paid leave,
- safety, health and hygiene at work,
- equal treatment of women and men and other provisions on non-discrimination.
In addition, it should be remembered that in Germany – regardless of the industry classification – there is a prohibition of remuneration in violation of good customs. According to the case law of the Federal Labor Office, the violation of good manners occurs when the remuneration is more than 1/3 lower than the remuneration set in the collective labor agreement. For breach of this obligation may be criminal liability (according to § 291 of the German Penal Code – usury usury).
The minimum wage rates in accordance with the German Act on the Posting of Workers in the Construction Industry are as follows:
Non experienced worker (gross rate per hour):
- 11.15 € from 1 January 2015. (for the West Lands and Berlin),
- 10.75 € from January 1, 2015. (for eastern Länder).
Experienced worker (gross rate per hour):
- 14,20 € from 1 January 2015. (for the West Lands and Berlin),
- 10.75 € from January 1, 2015. (for eastern Länder).
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