💶 Pay, minimum wage and back pay
In brief
Since 1 January 2026 the statutory minimum wage in Germany has been €13.90 gross per hour; on 1 January 2027 it is due to rise to €14.60. The basis is the decision of the independent Minimum Wage Commission of 27 June 2025, which the Federal Government made binding through a minimum wage adjustment ordinance.
The minimum wage can in principle not be validly waived – not even by signing a corresponding contract. If you were paid less, you can claim the difference; note possible time limits for claims and the general limitation period.
Step by step
- Recalculate the hourly wage actually paidDivide the gross pay received by the hours actually worked, including documented overtime.
- Check time limits for claims in the contractMany employment and collective agreements require claims to be asserted in writing within a few months – however, for the minimum wage entitlement itself, time limits in the employment contract alone are invalid under § 3 Satz 1 MiLoG.
- Assert the difference in writingDemand the back pay from the employer in writing, with a statement of the hours worked and the amount of the difference.
- If not paid: involve the labour court or customsThe minimum wage entitlement can be sued for before the labour court; breaches of the MiLoG can also be reported to the Financial Control of Undeclared Work (Finanzkontrolle Schwarzarbeit) of the customs service.
Deadlines
- A "lump sum" or "fixed salary" that works out below the minimum wage per hour actually worked is not permitted – what always matters is the amount actually paid divided by the hours actually worked, not the contractually agreed weekly working time alone.
- The statutory minimum wage also applies in full to mini-jobs; the exact monthly earnings limit for mini-jobs for 2026 could not be conclusively verified against an official primary source in this research and is therefore deliberately not stated in figures here – please check with the Minijob-Zentrale.
- Tips may in principle not be counted towards the minimum wage, as they are paid voluntarily by third parties.
- Time limits for claims in employment or collective agreements can cause claims for pay components above the minimum wage (e.g. above-collective-agreement supplements) to lapse, even if the minimum wage portion itself stays protected – a separate check is needed.
In depth · legal basis, figures and practice – for advisers and professionals
Amount and adjustment mechanism
The statutory minimum wage is not set in figures by parliament itself, but is proposed every two years by the independent Minimum Wage Commission, made up in equal numbers of representatives of trade unions and employers' associations, and then declared binding by the Federal Government by statutory ordinance (§§ 4, 9, 11 MiLoG). On 27 June 2025 the Commission decided to raise the minimum wage to €13.90 on 1 January 2026 and to €14.60 on 1 January 2027; the Federal Government implemented this through the Fifth Minimum Wage Adjustment Ordinance. According to the Commission's own assessment, it is the largest increase agreed between the social partners since the introduction of the minimum wage in 2015.
Non-waivability
§ 3 MiLoG declares agreements that fall below the minimum wage entitlement or restrict its assertion (for example by waiver or forfeiture) invalid to that extent. This applies regardless of whether the parties to the contract expressly agreed to such a provision.
Calculation and typical points of dispute
What matters is the quotient of gross pay actually paid and hours actually worked in the relevant due period. Frequent points of dispute include whether supplements, bonuses and benefits in kind can be counted towards the minimum wage, and unpaid standby and preparation time, which according to case law can regularly count as working time within the meaning of minimum wage law.
Enforcement
The minimum wage entitlement can be sued for under civil law before the labour court. In addition, the Financial Control of Undeclared Work (FKS) of the customs administration monitors compliance with the MiLoG and can punish breaches as an administrative offence with a fine (§ 21 MiLoG).
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