The right of an employee to bring an action
Where employers fail to grant their workers the statutory or collectively agreed conditions of employment as provided for by the Minimum Wage Act (Mindestlohngesetz - MiLoG), the Posted Workers Act (Arbeitnehmer-Entsendegesetz - AEntG) and/or the Act on the Provision of Temporary Workers (Arbeitnehmerüberlassungsgesetz - AÜG), or the conditions of employment laid down in an ordinance concerning the care sector, workers may pursue their claims against that employer in a court of law. Such action shall be brought before the competent labour court.
Where the employer is a contractor within the meaning of Article 13 MiLoG or Article 14 AEntG, who has been commissioned with the performance of work or services by another contractor (client), employees have the option to initiate proceedings before the German labour courts in order to claim their entitlement arising from that client’s statutory liability as a guarantor.
For further information, please inquire with the legal application offices of the labour courts.
The above remedy is not restricted to German employees only. Workers who have been posted to Germany have an equal right to bring an action before German labour courts in order to compel their employer domiciled abroad, but also that employer’s client (main contractor), to grant the conditions of employment laid down in a collective agreement pursuant to the AEntG or the legally guaranteed conditions under the MiLoG. Such action, however, can only be brought with regard to the period of their posting to Germany.
The Federal Ministry of Labour and Social Affairs is responsible for the content of this subject area. Enquiries regarding the content of this page will be answered by the minimum wage hotline under the contact details below:
Federal Ministry of Labour and Social Affairs
Minimum Wage Helpline:
Mondays to Thursdays: from 08.00 to 20.00 hours
Tel.: +49 30 60280028
E-mail: mindestlohn@buergerservice.bund.de
