Leading decisions concerning minimum wage


The German Federal Labour Court has given two leading decisions concerning the minimum wage (ruling of 25.05.2016, file number 5 AZR 135/16 and ruling of 29.06.2016, file number 5 AZR 716/15).

The rulings contain two mayor statements: First, the claim for minimum wage has its own basis. Employment contracts are therefore not invalid, if the remuneration agreed upon is below minimum wage. Second, if a gratification is granted (such as a Christmas bonus), it might perhaps count towards the minimum wage if paid pro rata on a monthly basis. Never-theless the individual case must be assessed, especially whether the works council must be involved.

Berlin, 01.07.2016

Article as PDF download (Size 144 KB)

Olaf Strack

Labour Law And The Law Of Contract For Services
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