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Emergency

Less than the minimum wage? You can reclaim the rest

Every employee in Germany is entitled to the statutory minimum wage. If it is undercut, through too low an hourly wage or unpaid extra work, you can reclaim the difference. You cannot validly waive this claim.

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Your chances of getting your money back

The statutory minimum wage (Minimum Wage Act) is due to you mandatorily, regardless of any arrangements to the contrary. If the employer pays less, you have a claim to back payment of the difference for all hours worked.
The claim is inalienable: contractual forfeiture periods or a waiver do not apply to the minimum wage. It generally also applies to mini-jobs; for internships there are certain exceptions (for example short mandatory internships).

What you should do now

  1. 1

    1. Record your hours

    Document your actual working hours (including unpaid extra work) precisely.

  2. 2

    2. Calculate the difference

    Compare your effective hourly wage with the statutory minimum wage in the respective period.

  3. 3

    3. Demand back payment in writing

    Demand the difference in writing with a deadline; you do not have to accept a forfeiture period against the minimum wage claim.

  4. 4

    4. Get help

    Customs (Financial Control of Undeclared Work) monitors the minimum wage; a union and advisors support you, and if necessary the labor court.

Frequently asked questions

Can I waive the minimum wage?

No. The statutory minimum wage is inalienable; a waiver is only possible through a court settlement, and contractual forfeiture periods do not apply to it. If it is undercut, you can reclaim the difference for all hours worked, also retroactively within the limitation period.

Does the minimum wage also apply to mini-jobs?

Yes, the minimum wage generally also applies to mini-jobs. This determines how many hours may at most be worked at the mini-job threshold. For internships there are exceptions, for example for prescribed or short orientation internships. When in doubt, it is worth reviewing your specific situation.

Take action now

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General information for self-help, not legal advice (RDG). In case of a high loss or uncertainty: contact a consumer advice center or a lawyer.