Hourly wage below the minimum wage in the contract – what applies?
Likely invalid — such a clause does not bind you.
An hourly wage below the statutory minimum (§ 1 MiLoG; from 01.01.2026: EUR 13.90 gross; from 01.01.2027: EUR 14.60 gross, set by the Fifth Minimum Wage Adjustment Ordinance) is impermissible. The agreement is void to the extent it undercuts the minimum (§ 3 MiLoG) — the employee is entitled to the difference. The claim cannot be waived or barred by contractual exclusion deadlines.
What you can do next
Verlangen Sie die Differenz bis zum gesetzlichen Mindestlohn nach. Der Anspruch verjährt erst nach 3 Jahren (§ 195 BGB) und kann nicht durch Ausschlussfristen begrenzt werden.
The law behind it
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Check the whole contractRelated questions
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- Exclusion period shorter than three months in an employment contract – valid?
- Fixed term without objective reason for more than two years – allowed?
- Longer notice period for the employee than for the employer – valid?
- Shorter deadline for an unfair-dismissal claim in the contract – does it apply?
General information based on German law and court decisions, checked by lawyers — not legal advice for your individual case.