Modified notification requirements

• Operational scheduling for shift or night work employment at one work place, or at more than one work place on the same day (Operational scheduling (stationary))
  • Content of the operational schedule (stationary)
• Operational scheduling for employment in an exclusively mobile activity (Operational scheduling (mobile))
  • Content of the operational schedule (mobile) via the Minimum Wage Reporting Portal

Operational scheduling for shift or night work employment at one work place, or at more than one work place on the same day (Operational scheduling (stationary))

In derogation from the notification obligation pursuant to section 16 (1) Minimum Wage Act (MiLoG), section 18 (1) Posted Workers Act (AEntG) or section 16 (3) MiLoG, section 18 (3) AEntG, section 17b (1) Temporary Workers Act (AÜG), in cases where employees

1. at a single location

   1. for at least part of the time before 6am or after 10pm;
   2. in shift work;
2. at more than one location on the same day.

are employed in accordance with section 2 (1) nos 1 and 2 (also in conjunction with section (5)) Ordinance on Minimum Wage Reporting Requirements pursuant to Minimum Wage Act, Posted Workers Act and Provision of Temporary Workers Act (Mindestlohnmeldeverordnung - MiLoMeldV).

An operational schedule (stationary) can cover a period of up to three months.

Content of the operational schedule (stationary)

The operational schedule (stationary) must include the following information:

• the surnames, first names and dates of birth of the persons working for or posted to the employer in Germany,
• the dates and times when the workers are to be deployed,
• the beginning and anticipated duration of the employment or the beginning and duration of the posting,
• the place of employment or site for construction work (for each employee separately, including place name, postcode and, if known, street name and house number)
• the place in Germany where the documents required pursuant to section 17 MiLoG, section 19 AEntG or section 17c AÜG are kept available,
• the surname, first name, date of birth and address in Germany of the person responsible,
• the industry branch, in which the employees or temporary workers are to be posted,
• the surname, first name and the address in Germany of an authorised recipient unless he or she is identical to the person responsible.

You can find further information here:

Notification

Minimum wage registration website

Operational scheduling for employment in an exclusively mobile activity (Operational scheduling (mobile))

If employees work exclusively on a mobile basis, the foreign-domiciled employer and the user must submit an operational schedule (mobile) in accordance with section 2(1) no 3 (also in conjunction with section (5) MiLoMeldV).

An operational schedule (mobile) can cover a period of up to 6 months, depending on how certain the work assignment is.

An exclusively mobile activity is an activity which is restricted to a single location, and the exercise of which cannot be associated with a specific address. The delivery of letters, parcels, and printed matter, waste collection, street cleaning and winter road maintenance, for example, are exclusively mobile activities. Outpatient care services are equivalent to an exclusively mobile activity.

Transport of goods and passengers in the road transport sector is not an exclusively mobile activity for employers established in another Member State of the European Union or the European Economic Area. It is therefore not permissible to indicate a rostering (mobile) for these employers. In these cases, a declaration in accordance with section 16(2) MiLoG and section 18(2) AEntG - must be submitted via the interface to the Internal Market Information System ("IMI").

Content of the operational schedule (mobile) via the Minimum Wage Reporting Portal

The operational schedule (mobile) must include the following information:

• the surnames, first names and dates of birth of the persons expected to be employed in Germany during the period of deployment
• the beginning and anticipated duration of the entire operational schedule,
• the period of deployment and the expected number of deployments in Germany for each individual employee,
• the place of employment or site for construction work (for each employee separately, including place name, postcode and, if known, street name and house number),
• the surname, first name, date of birth and address in Germany of the person responsible,
• the industry branch, in which the employees or temporary workers are to be posted,
• the place in Germany where the documents required pursuant to section 17 MiLoG, section 19 AEntG or section 17 AÜG are kept available.

In the event that the documents are kept available abroad, the operational schedules must be accompanied by an assurance that the relevant documents, drawn up in German, will be made available for examination in Germany when requested by the authorities of the German customs administration. In the minimum wage notification portal, employers have the option of confirming this assurance by activating the corresponding "checkbox". You can find further information here:

Notification

Minimum wage registration website

Questions and answers to notification obligation for employment in an exclusively mobile activity