Minimum wage documentation requirements regulation
| Basic data | |
|---|---|
| Title: | Ordinance on the documentation requirements according to §§ 16 and 17 of the Minimum Wage Act and §§ 18 and 19 of the Employee Posting Act with regard to certain groups of employees |
| Short title: | Minimum wage documentation requirements regulation |
| Previous title: | Ordinance on the documentation requirements according to Sections 16 and 17 of the Minimum Wage Act with regard to certain groups of employees |
| Abbreviation: | MiLoDokV |
| Type: | Federal Ordinance |
| Scope: | Federal Republic of Germany |
| Issued on the basis of: | Section 17 (3) MiLoG , Section 19 (3) AEntG |
| Legal matter: | Employment Law |
| References : | 802-5-4 |
| Original version from: | December 18, 2014 ( BAnz AT December 29 , 2014 V1 ) |
| Entry into force on: | January 1, 2015 |
| Last revision from: | July 29, 2015 ( BAnz AT 07/31/2015 V1 ) |
| Entry into force of the new version on: |
August 1, 2015 |
| Weblink: | Text of the MiLoDokV |
| Please note the note on the applicable legal version. | |
The Minimum Wage Documentation Obligations Ordinance (MiLoDokV) restricts the documentation and reporting obligations under the German Minimum Wage Act to employees whose regular monthly wage does not exceed EUR 2,958 gross.
According to Section 17 (1) and (2) of the Minimum Wage Act, employers in the sectors named in Section 2a Anti- Undeclared Labor Act or employers who employ marginal employees must record the start, end and duration of the employees' daily working hours within one week, and these records for at least two years store. According to the MiLoDokV, this documentation requirement does not apply to the working hours of those employees who earn more than 2 958 euros per month. However, this only applies if all working hours are recorded for these employees that exceed eight hours on a working day.
The duty of all employers to document the working hours of marginally employed employees remains unaffected .
Also the obligation of foreign employers as well as temporary employers according to § 16 Minimum Wage Act to report to the Federal Finance Directorate West if they employ workers in Germany in the industries named in § 2a Anti-Undeclared Workers Act or assign workers to employers in these industries, and the obligation to insure that these employees At least the minimum wage is paid is limited by the MiLoDokV to employees who regularly earn a maximum of EUR 2,985 per month.
The wage limit for employees whose working hours are to be documented should initially be EUR 4,500. In addition, the restriction should only apply to managers. This was criticized in the media and business, among others by the Central Association of German Crafts (ZDH) as inadequate and a lowering of the salary threshold was called for. Small and medium-sized companies in particular should be relieved of the increasing bureaucracy. Even an employee who works the maximum working time of 60 hours possible in exceptional cases according to the Working Hours Act would only receive a monthly salary of EUR 2,210 with the minimum wage of EUR 8.50. For employees who earn more per month, it is in fact impossible to fall below the minimum wage; no additional documentation requirements should be justified here with the minimum wage. With the new version of July 29, 2015, the documentation requirement is no longer applicable even if the employer can be shown to have paid 2,000 euros a month for the last full twelve months.
In 2019, as part of an initiative by the CDU for a bureaucracy relief act, the FDP proposed that the seven-day period for recording working hours should be extended to one month and that the start and end times of work should no longer be recorded, but only the duration of working hours. In addition, fewer employees should fall under the "stricter documentation requirement": the income limits should be increased and for employees whose employment contract stipulates the weekly working hours and a sufficiently high monthly wage, no "stricter documentation requirements" should apply, since they already have an enforceable claim to contractual employment and the employment contract is sufficient as a basis for documentation.
Individual evidence
- ^ Opinion of the ZDH of December 9, 2014 on the draft regulation
- ↑ Michael Gassmann: 8.50 euros and a monster; in: Die Welt from December 14, 2014, page 9, online
- ^ Dietrich Creutzbur: Minimum wage drives craftsmen to weekend work. In: FAZ. February 1, 2019, accessed February 7, 2019 .
