Since the introduction of minimum wage in Germany (MiLog) carriers still have doubts with regards to interpretation of the provisions concerning drivers’ settlements. A variety of incentives are particularly problematic as is the question whether to include a given part of the remuneration in the minimum wage or not. According to the recent information from the German Federal Labour Court some of the incentives which companies give to drivers may be counted towards the minimum wage.
Federal Ministry of Finances changed their stance regarding elements of the German minimum wage, which is beneficial to Polish companies. That is the decision of the Federal Labour Court.
Let us remind you that the general definition is:
The incentive may count towards the minimum wage (MiLoG) as long as they constitute remuneration for the usual work”.
Right now the German minimum wage always takes into account the following incentive:
– overtime pay,
– piecework bonuses,
– quality bonuses,
– additional pay for overtime and working on Sundays and public holidays,
– additional pay for work in difficult or dangerous conditions.
Right now additional pay for working at night does not count towards the minimum wage.
Minimum wage in Germany in 2018.
According to the German MiLog act, the minimum wage is redefined every two years. Since 1 January 2017 the minimum wage in Germany is 8.84 euro per hour. That is why the minimum wage in 2018 will still be 8.84 euro per hour.
Let us remind as well that at the beginning of 2017 the German Customs Office has introduced a significant change designed to streamline the entire process of delegating workers. It involves having to delegate using an electronic system available on the website www.zoll.de (in the „Dienste und Datenbanken” section) or www.meldeportalmindestlohn.de.
To be able to freely use the system, the carrier is obliged to create an individual account, through which they will be able to fill out delegation forms each time.