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Parliamentary questions
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3 February 2015
P-001772-15
Question for written answer P-001772-15
to the Commission
Rule 130
Petr Mach (EFDD)

 Subject:  Minimum wage in Germany
 Answer in writing 

On 1 January 2015 a minimum wage law (MiLoG)(1) came into effect in Germany. Under this law, there would be Czech employers, e.g. in haulage or coach transport, paying the German minimum wage, which is four times higher than the Czech minimum wage and twice the level of the Czech average wage. This does not accord with the Czech Employment Code, whereby the same work for a single employer should receive the same remuneration.

Whether this law would really also apply to Czech companies is not clear, since the German Ministry of Employment has not provided Czech ministries with a reply, and companies thus have to function in legal uncertainty.

It is contrary to the fundamental principles of EU policy for haulage contractors from one Member State to have to make a prior announcement of the entry of each vehicle and the time of travel through the territory of another Member State, along with the driver’s personal details, and then keep separate records of the working day for each Member State. It is an enormous administrative burden, even without the problems of understanding the opaque law of German authorities, to expect any Czech haulage contractor ever to provide documents in German about details of the working day and the wages paid. A fine of up to EUR 500 000 is payable for failure to comply.

More than 85% of Czech haulage contractors are small businesses with a fleet of up to 5 vehicles, for which the administrative costs associated with the MiLoG are especially burdensome.

The free movement of goods and services is a pillar of the European Union and derives directly from Treaties. Does the Commission not feel that this provision of German law infringes on the free movement of goods and services?

(1)http://www.gesetze-im-Internet.de/bundesrecht/milog/gesamt.pdf

Original language of question: CS 
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