Based on the Directive (EU) 2020/1057 all drivers posted to Germany must be remunerated in accordance with the local wage rules applicable in Germany (Posting rules). There is no universally binding collective agreement for the transport sector, so foreign transport companies should follow the Minimum Wage Act and the Posted Workers Act.
Remuneration includes all components of remuneration that employees receive from the employer in cash or in kind for work performed. Specifically, the salary includes:
- basic salary, including components related to the type of tasks performed by employees, their qualifications and work experience and region,
- also allowances, bonuses and tips, including overtime rates.
The remuneration also includes rules governing the period of its payment, including exceptions and the conditions of their application.
What is the minimum wage in Germany (posting of drivers)?
When it was introduced on January 1, 2015, the minimum gross wage was EUR 8.50 per hour. Since then, this lower salary limit has been increased several times. From 2022 October 1 the minimum wage is a one-time change to the minimum wage law of 12.00 euros gross per hour. The Independent Minimum Wage Commission will discuss any further adjustments for the first time in 2023 June 30, starting from 2024 January 1.
The statutory minimum wage applies to all workers over the age of 18.
Failure to fulfil the obligation to pay the minimum wage is an administrative violation of the law and entails a fine of up to 500,000 euros.
What about overtime pay (posting of drivers)?
In the case of posted workers, whether overtime pay is mandatory is usually determined by collective agreements or individual working time agreements that apply to the work in accordance with the legislation of the worker’s home country, rather than overtime rules laid down in German collective agreements.
In general, overtime pay is not required or regulated by statutory German law, and in principle overtime can be included in the monthly salary. Overtime must be compensated only if it occurs regularly and is necessary to complete the employee’s workload or if the employer requires overtime.
By law, working hours are limited to 48 hours per week. They usually do not exceed 40 hours. Workers must have at least 11 hours of uninterrupted rest between shifts. If it is interrupted, it must be given in full after the interruption.
The daily working time of employees cannot exceed eight hours. It can be extended to ten hours if the average of eight hours per day is not exceeded in six calendar months or 24 weeks.
If employees are employed on a Sunday or public holiday, they must receive a compensatory day off. The compensatory day off must be given within two weeks of Sunday work and eight weeks of holiday work.
Employees must have at least 15 Sundays off each year.
A compensatory rest day must be given to employees immediately after the daily rest period unless there are technical or work organization reasons to the contrary.
You can find more information about global posted drivers remuneration rules here.