Minimum Working Conditions Act
| Basic data | |
|---|---|
| Title: | Law on the establishment of minimum working conditions |
| Short title: | Minimum Working Conditions Act |
| Abbreviation: | MiArbG |
| Type: | Federal law |
| Scope: | Federal Republic of Germany |
| Legal matter: | Employment Law |
| References : | 802-2 |
| Issued on: | January 11, 1952 ( Federal Law Gazette I p. 17 ) |
| Entry into force on: | 17th February 1952 |
| Expiry: | August 16, 2014 ( Art. 14 G of August 11, 2014 Federal Law Gazette I p. 1348, 1360 ) |
| GESTA : | G011 |
| Please note the note on the applicable legal version. | |
The Minimum Working Conditions Act (MiArbG) of January 11, 1952, was a law on the basis of which in the Federal Republic of Germany minimum standards for working conditions were to be established in certain sectors . However, it has not been filled with content since 1952. It was only taken up again in the summer of 2007 as part of the debate about a minimum wage . It expired on August 16, 2014 and was replaced by the Minimum Wage Act.
history
Due to the low wage level, especially in agriculture and housekeeping, the SPD parliamentary group introduced a bill on minimum working conditions in the 1st German Bundestag in the summer of 1951 . After long deliberations in the working committee, it was toned down and changed several times. In return, the SPD was able to get the CDU / CSU on their side. The Minimum Working Conditions Act was finally passed on November 23, 1951 by the CDU / CSU and SPD parliamentary groups against the votes of the coalition partners of Federal Chancellor Konrad Adenauer (see Adenauer I cabinet ) from the FDP and the German party .
Resumption in 2008
In the context of the debate about a minimum wage, it was taken up again in the summer of 2007 - at that time the Merkel I cabinet ruled .
See also : Posted Workers Act (changes due to the 2009 revision)
Content
The Minimum Working Conditions Act initially relies on the free agreement of working conditions and wages between employers and trade unions (collective bargaining autonomy ).
Minimum wages can be set in an economic sector if less than 50 percent of employees are bound by collective agreements. A generally binding declaration of a collective bargaining agreement according to Section 5 of the Collective Bargaining Act or a statutory ordinance of the Federal Ministry of Labor and Social Affairs would then not apply. A main committee at the BMAS “determines by means of a resolution, taking comprehensive account of the social and economic effects, whether there are social upheavals in an economic sector and whether minimum wages should be set, changed or abolished” ( Section 3 (1) MiArbG).
See also
- Minimum wage (legal situation in Germany)
- Posted Workers Act
