Minimum wage (Mindestlohn): holiday pay & special payment

It’s illegal to count in the holiday pay or another annually special payment by calculating the minimum wage (Mindestlohn). An employer had tried to terminate the labour contract for changing its conditions. The aim was to set the new hourly wage to 8,50 Euro. Therefore, the holiday pay and the special payment that had been paid until the change should be dropped. The labour court Berlin stated in its decision…

Minimum wage (Mindestlohn): bonus

As decided by the labour court Düsseldorf (Arbeitsgericht Düsseldorf), it’s allowed to count in a performance bonus by calculating the minimum wage (Mindestlohn). An employee had a basic wage of 8,10 Euro and the opportunity to earn 1,00 € additionally as a bonus. After the launch of the minimum wage, the employer kept this arrangement, but paid 0,40 Euro of the bonus as a fixum. To the employee’s mind, the…