Minimum Wage: Entitlement, Non-Waivability and Forfeiture Clauses
You are always entitled to the statutory minimum wage – regardless of what the contract says. A waiver or a forfeiture clause cannot exclude the minimum wage.
Entitlement to the Minimum Wage (§ 1 MiLoG)
Every employee is entitled to be paid at least the statutory minimum wage for each hour of work performed. If the agreed wage falls below it, you do not therefore owe less work – the employer owes the minimum wage.
The Minimum Wage Is Non-Waivable (§ 3 MiLoG)
Agreements that fall below the minimum wage or restrict its enforcement are invalid. You cannot effectively waive the minimum wage – a waiver is only possible through a court settlement.
Forfeiture and Exclusion Clauses
Contractual exclusion periods that would also cover the minimum wage are invalid to that extent. While a forfeiture clause may affect other claims, it cannot exclude the entitlement to the statutory minimum wage.
What Counts Towards the Minimum Wage?
The decisive factor is the gross wage per hour. Certain allowances and bonuses may be creditable, others not. On-call time and often travel time can also be working time that must be paid.
How to Check Your Contract
Check the following: Does the hourly wage reach the statutory minimum wage? Does the contract contain a forfeiture or waiver clause intended to cover the minimum wage? Such clauses are invalid to that extent. An automated contract review detects them.
Relevant law
Frequently asked questions
Yes. The entitlement to the statutory minimum wage exists independently of the contract (§ 1 MiLoG); a lower agreement is invalid to that extent.
No. A waiver is invalid and only possible through a court settlement (§ 3 MiLoG).
No. To the extent that an exclusion or forfeiture clause would cover the minimum wage, it is invalid; the minimum wage remains enforceable.
There are statutory exceptions, for instance for certain internships, for apprentices or for young people without a completed vocational qualification. When in doubt, a review is worthwhile.
You can claim the difference retroactively. The entitlement cannot be excluded by a waiver or a forfeiture clause.
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General legal information based on your contract — not individual legal advice.