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By Simone Janson (More) • Last updated on October 27.07.2010, XNUMX • First published on 27.07.2010/XNUMX/XNUMX • So far 6376 readers, 1323 social media shares Likes & Reviews (5 / 5) • Read & write comments
To the 1. August 2010 introduced the minimum wage in the nursing sector in Germany. What reads in the media, like a decree from above, that the Cabinet just decides, is actually a complicated process from below. An overview of the minimum wage.
There is already a statutory minimum wage in various EU countries such as the UK, Ireland, Bulgaria or Luxembourg.
In Germany, the trade unions have been demanding it for a long time, but here the autonomy of collective bargaining is firmly anchored in the Basic Law: This means that only the bargaining parties - employee and employer representatives - one Industry regulate the level of wages.
But whoever now reads the media report on the subject of minimum wages gains a different impression. In the ARD, on the side of Plusminus, one is limited to presenting the admitted really lousy situation of low-wage receivers as emotionally as possible. Apart from a few nice numbers, there are hardly any facts.
Apart from the fact that I would also have a good example on the subject, it brings the clicks, but is not factually correct: Here low wages and minimum wages are lumped, even the examples are poorly chosen. Because the Employee Posting Act regulates since 2009 that the collective bargaining parties in nine sectors can negotiate minimum wages for the entire industry - mushroom pickers and hairdressers are not covered by the law.
And Spiegel Online is happy about the minimum wages that will apply in the care sector from August 1, 2010: Der Article but it sounds as if the cabinet has just decided briefly. SPON does not mention the fact that there is a relatively complex decision-making process.
But this creates fast the false impression that minimum wages are set by the government – which is simply not the case in Germany. With all understanding for the working conditions of journalists, I sometimes wish I had a little more thought and relatively short research.
Because information on the subject is available on the net, although not necessarily quickly available at the touch of a button, clear and easy to read: The page http://www.mindestlohn.de of the German Trade Union Federation, for example, contains all kinds of information and current news on the subject. The prerequisite is, however, that you have already dealt with the subject, otherwise you get so quickly no overview.
Similar to the website of the? Federal Ministry of Labor and Social Affairs: Numerous up-to-date news on the subject, but they lack a relationship. Only after a call at the press site I find some more substantiated documents, which illustrate the connections in more detail. Only Wikipedia gives an excellent overview, but is incredibly long-winded.
In Germany alone, the collective bargaining parties can set minimum wages for the entire industry, which are then also binding for employers who are not subject to the collective agreement - eg because the head office is abroad. The legal framework since 2009 offers the new version of the Posted Workers Act (AEntG).
Nine industries have been included in the protection of the Employees' Posting Act, including the construction industry, the roofing trade or the building cleaning. A special case is the Pflegebranche, because church and non-church employers operate side by side.
The proposal of a commission replacing trade unions and non-ecclesiastical employers also includes representatives of ecclesiastical care providers and their employees.
The Commission can, within the framework of the AEntG decidewhether it is proposing a minimum wage and whether it is doing so based on the type of work, qualification or regionally differentiated. The Federal Ministry of Labor and Social Affairs can make the decision taken by the Commission binding for the entire care sector by means of a legal ordinance.
This is exactly what has now happened:
The cabinet has recently approved a regulation to this effect. The fixed lower wage limit of 8,50 euros in the west and 7.50 euros in the east will apply from August 1, 2010. This applies to all employees who primarily provide “basic care services” such as washing, dressing or climbing stairs. Purely household helpers as well as trainees and interns are exempt from the regulation. The minimum amount is to increase in two stages by 2013.
But despite the legal engagement minimum wages are not always paid. In the construction industry alone, according to the Federal Ministry of Labor and Social Affairs, 2009 fines were initiated in 1500 for violating the minimum wage.
Reason: Missing controls. Because at the competent authority, the financial control of illegal work (FKS), there is a blatant shortage of staff and also for the Future there is no improvement in sight.
The breaking of social cold or just a drop in the ocean? The Posted Workers Act currently lists 9 sectors where a general minimum wage is possible. In some it has already been implemented, not in others. This overview shows how high is the minimum wage in which industry really is.
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Simone Janson is publisher, Consultant and one of the 10 most important German bloggers Blogger Relevance Index. She is also head of the Institute's job pictures Yourweb, with which she donates money for sustainable projects. According to ZEIT owns her trademarked blog Best of HR – Berufebilder.de® to the most important blogs for careers, professions and the world of work. More about her im Career. All texts by Simone Janson.
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