Fines because minimum wage does not pay – what are your options?

If freight forwarders do not pay the minimum wage, although they are obliged to do so, there is a risk of fines and criminal investigations. If you have received a fine because the minimum wage has not been paid, you should react quickly. It must be examined whether the minimum wage has rightly not been paid and whether the accusation is justified.

You have received a fine for unpaid minimum wages or for breaches of documentation and reporting obligations and would like to have it checked? Then please do not hesitate to contact us or call us on 040 / 369615-0

Minimum wage not paid: Fines up to 500,000 euros

If the minimum wage was not paid, the companies concerned could face fines of up to 500,000 euros. Of course, such a heavy fine will not be imposed immediately. However, if the minimum wage has not been paid for a long time and withheld from a large number of employees, this can quickly lead to very high fines that can cause companies serious problems.

 

There are only very limited areas in which the minimum wage does not have to be paid. If a fine is imposed for unpaid minimum wages, it must be checked whether such an exemption applies to the forwarding agent. A lawyer can also try to have the amount of the fine reduced.

Fines also for breach of documentation and reporting obligations

However, a fine is not only due if the minimum wage has not been paid. Even if the documentation obligations or reporting obligations under the Minimum Wage Act have not been observed, there is a risk of a substantial fine. Companies should therefore take these points very seriously.

Fine if accommodation carrier does not pay the minimum wage

A fine may even be imposed if forwarders or carriers use subcontractors and downstream carriers who employ drivers who do not receive the minimum wage. Even then – provided that the company was aware of this – a fine can be imposed. In these cases, it should be checked by a lawyer whether recourse claims exist against the subcontractor or whether the fine can be avoided here.

 

Lawyer Dr. Tristan Wegner

Your consultant

ABC-Straße 21
20354 Hamburg
T +49 (0) 40 / 36 96 15 0
F +49 (0) 40 / 36 96 15 15
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