Award minimum wage
A minimum wage is a supplementary execution condition when awarding public contracts . The tenderer who wins the contract for the public contract is obliged to pay a certain minimum wage to the workers employed in the execution of the contract. A minimum wage award is intended to prevent dumping wages for employees working on public contracts. However, it does not contain any individual entitlement for employees to enforce minimum wage claims.
Germany
history
Minimum wages were introduced in Germany in response to the Rüffert ruling by the European Court of Justice . According to the ruling, constitutive tariff compliance regulations are largely inadmissible. Berlin already waived the first minimum wage in March 2008 in the amount of € 7.50. In the Regiopost ruling , the European Court of Justice stated that minimum wages do not violate the procurement coordination guidelines. A restriction on the freedom to provide services is justified by the protection of workers. It remains to be seen whether this will continue to apply in view of the nationwide minimum wage introduced by the Minimum Wage Act.
Applicable minimum wages
Award minimum wages currently apply in the following countries:
- Baden-Württemberg
- Berlin
- Brandenburg
- Bremen
- Hamburg
- Mecklenburg-Western Pomerania
- Lower Saxony
- North Rhine-Westphalia
- Rhineland-Palatinate
- Saarland
- Schleswig-Holstein
The minimum wages are between € 8 and € 12.50.
Not valid for foreign subcontractors
In the Bundesdruckerei ruling , the European Court of Justice ruled that extending the minimum wage to foreign subcontractors violates the freedom to provide services.
Other countries
Award minimum wages also exist in other countries.
Web links
- Economics and Social Science Institute in the Hans-Böckler-Foundation (Ed.), Thorsten Schulten: Tariff compliance regulations in Germany (PDF, status: November 2013)
- For an overview of the collective agreement laws of the federal states, see collective agreement regulation #Gesetzgebungsgeschichte in Germany
Individual evidence
- ^ State government of North Rhine-Westphalia. Tariftreue- und Verabegesetz NRW, FAQ list on the Tariftreue- und Verabegesetz NRW, answer to question 6 on the subject of the minimum wage
- ↑ German Trade Union Confederation (ed.), Minimum Wage Act, information for litigation representatives, courts, honorary judges and advisory trade union secretaries, 2015, page 8
- ↑ ECJ, judgment of April 3, 2008, case C-346/06 ( full text online ).
- ↑ ECJ, judgment of November 17, 2015, case C-115/14, ( full text online ).
- ^ André Siedenberg: Exclusion of bidders in public procurement procedures. In: Legal Tribune Online. November 17, 2015, accessed November 20, 2015 .
- ↑ Christian Scherer-Leydecker: ECJ on minimum wage regulation in procurement procedures. In: CMS Germany blogs. November 18, 2015, accessed November 20, 2015 .
- ↑ ECJ, judgment of September 18, 2014, case C-549/13 ( full text online ).
- ↑ Christian Scherer-Leydecker: "ECJ: Minimum wage obligation in procurement procedures violates EU law" , in: CMS Hasche Sigle bloggt, September 19, 2014.