According to media reports, the European Commission is to investigate whether infringement proceedings should be brought against Germany over the minimum wage law.
Eastern bloc countries complained against minimum wage law
This is due to complaints from some EU countries such as Poland and Hungary, which see the minimum wage law as a violation of some of Europe’s fundamental freedoms. The Treaty on the Functioning of the European Union (TFEU) stipulates that the free movement of goods and the freedom to provide services are being violated.
According to the Federal Government, the minimum wage should apply to every assignment, however short it may be in Germany. This is accompanied by the information and documentation requirements of the Minimum Wage Act. Especially for drivers who only use Germany as a transit country, the minimum wage law could constitute a violation of European fundamental freedoms.
Infringement proceedings are governed by Articles 258 and 259 of the TFEU. In any case, proceedings before the Court of Justice of the European Union (ECJ) shall be brought before the European Commission. In many cases, differences of opinion are resolved in these Commission proceedings, so that legal proceedings no longer arise. It is therefore to be eagerly awaited whether the EU Commission will be able to reach an agreement with the Federal Government in the near future.
O&W Rechtsanwälte has been advising forwarding and transport companies on the minimum wage law since the beginning of the legislative process. If you have any questions about the Minimum Wage Act or the effects of the infringement proceedings, please contact us here
