The statutory minimum wage (Mindestlohn) is the lowest hourly gross pay employers must grant under the Minimum Wage Act (MiLoG). Since 1 January 2026 it is 13,90 € gross per hour, rising to 14,60 € in 2027. It covers almost all employees, cannot be waived and cannot be shortened by contract or an exclusion clause (Ausschlussfrist).
At a glance
- Since 1 January 2026 the Mindestlohn is 13,90 € gross per hour (2025: 12,82 €); it rises to 14,60 € on 1 January 2027
- The legal basis is the MiLoG; adjustments follow the Mindestlohnkommission's decisions
- It covers almost all employees regardless of sector, weekly hours or type of contract, including Minijob workers
- Exceptions include mandatory internships and short orientation internships of up to three months, under-18s without completed vocational training, apprentices, and the long-term unemployed during their first six months of employment
- The claim cannot be waived: exclusion clauses (Ausschlussfristen) do not reach the minimum wage portion (§ 3 MiLoG)
- It is due at the latest on the last banking day of the month following the month in which the work was performed
Documentation duties
- In certain sectors (such as construction, hospitality, logistics, meat processing) and for all Minijob workers, the start, end and duration of daily working time must be recorded
- Records must be made within seven days of the work and kept for at least two years
- Breaches of the minimum wage or documentation duties can be fined as an administrative offence
FAQ
Who is not covered by the Mindestlohn?
Exceptions include under-18s without completed vocational training, apprentices (who receive the training allowance), mandatory and short orientation internships of up to three months, and the long-term unemployed during their first six months in a new job. Some sectors have higher collectively agreed minimum wages (Branchenmindestlöhne) that take precedence.
Do allowances and tips count towards the Mindestlohn?
Only pay that rewards the normal work performance counts. Purpose-specific premiums, for example for night, Sunday and public-holiday work or hazard pay, do not count, and neither do tips or capital-forming benefits (vermögenswirksame Leistungen).
Can an employee waive the Mindestlohn in the contract?
No. The claim is mandatory and cannot be undercut by contract or by a forfeiture or exclusion clause (Ausschlussfrist). Such a clause is invalid to the extent it would capture the minimum wage.
What happens if the wage falls below the minimum?
The employee keeps the claim to the difference up to the minimum wage, including retroactively. The employer also faces back payments of social security contributions and a fine under the MiLoG; enforcement lies with the customs unit for undeclared work (Finanzkontrolle Schwarzarbeit).
Last updated: August 2026
This article provides general information and is not a substitute for legal advice in individual cases.
