Minimum hourly wage applying in Germany

12.1.2015

Question for written answer P-000272-15
to the Commission
Rule 130
Antanas Guoga (ALDE)

A law in force in Germany since 1 January 2015 has established a minimum hourly wage of EUR 8.50. According to information received from the International Road Transport Union (IRU), the law applies both in Germany and to drivers from foreign countries performing transport services on German territory (or even transiting through Germany).

The law stipulates that employers must submit reports at least every six months to the appropriate German customs authorities, namely the Cologne-based customs office responsible for the western part of the country (in German the Bundesfinanzdirektion West), and supply their employees' future operating schedules, specifying the starting date and duration of the work and giving details of the employees.

At present nothing further is known about how the German customs authorities intend to enforce the law in relation to foreign transport operators, nor is there any detailed information on the procedure for submitting reports to the customs authorities.

What is the Commission’s view on the situation described above and on the question whether this German law is compatible with related EC laws, in particular the market regulation legislation and the directive on the posting of workers?

It is worth pointing out that the German law, which also concerns other Member States and non-EU countries, was not discussed at international level. The law could have a severe impact on firms operating in the cross-border transport sector and add to their administrative burden.