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Western Association of Road Carriers

Western Association of Road Carriers
DKV

Germany – The minimum wage MiLoG – update

German Customs Office authorized to monitor compliance with the Act on the minimum wage and combating illegal employment MiLoG from the date 1.01.2017r. makes changes in the form of reporting the fact of posting an employee to work in Germany.

Currently, a certificate of posting of workers in the transport sector are sent by fax to the headquarters of the Office of (Generalzolldirektion) at the number +49 (0) 221/9648-72. Since the beginning of 2017r., as in France (system SIPSI), notification of employees will need to be on-line via the www.zoll.de. Applications will be made under the heading "Services and databases"Or via www.meldeportal-mindestlohn.de, which is currently under construction and will be available from 1.01.2017r. The current form of reporting the posting of workers by fax will be possible during the transition period until 30.06.2017r.

source: www.ocrk.pl

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We inform, that from 1 January 2017 Germany will apply the new increased rate of the minimum wage. German parliament accepted the offer Labour Minister Andrei Nahles, that from 1 January 2017 r. the rate has been increased from 8,50 Per hour 8,84 EUR. According to the Act entered into force in early 2015 r. the minimum wage will continue to grow regularly at 2 years.

More about the higher rates of the minimum wage on Export Promotion Portal.

The course for the first quarter 2017 he is: 1 euro = 4,30765 PLN (HERE)

Please also note, that for a correct assessment of the minimum wage in Germany paid in foreign currency, the principle currency exchange rate in accordance with Article. 107 Regulation EEG 574/72

On 1 January 2016 the changed value of the minimum rates on food for employees in the travel businessj in Germany. The new rate is 236 per month (previous 229 euro). The change introduced Regulation: Federal Law Gazette 2015 Tail I nr 46.

This change must be taken into account in allocating the minimum wage for the period from 1 January 2016 year.

For the purpose of correct assessment of the minimum wage in Germany paid in foreign currency, the principle currency exchange rate in accordance with Article. 107 Regulation EEG 574/72.

The course for the first quarter 2016 he is: 1 euro = 4,25078 PLN (HERE).

The course for the second quarter 2016 he is: 1 euro = 4,40738 PLN (HERE).

Exchange rate for the third quarter 2016 he is: 1 euro = 4,31057 PLN (HERE).

Exchange rate for the fourth quarter 2016 he is: 1 euro = 4,39636 PLN (HERE).

In 2015 the force following conversion:

The course for the first quarter 2015 he is: 1 euro = 4,20664 PLN.

The course for the second quarter 2015 he is: 1 euro = 4,27833 PLN.

Exchange rate for the third quarter is 2015roku: 1 euro = 4,01801 PLN.

Exchange rate for the fourth quarter 2015 he is: 1 euro = 4,15237 PLN.

The procedure recommended by the ZMPD and further clarification.

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At the beggining of October 2015 r. The Customs Service of Germany submitted on its website the new guidelines on the application of the Act MiLoG in relation to components of diets, which may be included in the German minimum wage.

German customs administration made a distinction between the following situations, which apply depending on the country adopted the system structure of the driver's diet:

1. The legal system defines the structure of the diet:

If the legal system of the country specifies in detail the structure of the diet and suggests, what part of it is destined for the reimbursement of expenses incurred in traveling, and what part of the delegation as compensation for work abroad, only the latter can be considered as the minimum wage.

2. The legal system of the country does not specify the structure of the diet:

If there is no legislation defining the composition of the diet, should take into account the actual circumstances. Means, that the costs actually incurred by the employee (such as travel costs, accommodation and meals) shall be deducted from the total amount granted driver's diet. The balance of the diet is regarded as the minimum wage.

3. Deduction made in accordance with the German Regulation on the amount of social security.

If in any way you can not specify the costs incurred by the employee, an amount equal to at least the nutritional and minimum on residential arising from the German Regulation on social security must be in such a situation application. Only the amount remaining after deduction of these two components can be considered as the minimum wage. The German regulation indicates the following minimum amounts, which should be deducted:
– representing the amount of the monthly minimum nutritional - 229 euro/ 236 euro from 1 January 2016 r.
– representing the minimum monthly amount on accommodation - 223 euro.

In terms of amounts paid as a lump sum per night, German customs administration indicated, that if the driver is assured of a cabin or berth, you do not have to deduct arising out of the aforementioned Regulation (tj. 223 euro). The amount paid as a lump sum per night as a whole shall be incorporated into the minimum rate, However, assuming, that the driver takes a rest in the cabin in accordance with the principles set out in Article. 8 paragraph. 8 Regulation (EC) 561/2006.

source: www.zmpd.pl

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BGL informed about the change fax number, which should be sent application forms drivers carrying out transport in Germany.
On 14 August. Foreign transport operators should send the forms to the number +49 221 96 48 72.
Previous fax (+49 221 96 48 70) It remains active but is no longer designed for mobile workers reporting.

On site Zoll.de there was a revised version of the application form 033037 the car. In addition to the supplements on the legal basis, the most important change concerns the parties 2, where he changed the title for planned employment (present sounds: planned engagement in Germany) and adds an additional column titled. Number of inserts (In free translation of the planned number in a given time commitment / transport operations / journeys particular driver in Germany).
Re (after 6 month) it should be sent already at the new printing.

As a reminder, despite the proceedings at the European Commission on the compatibility with EU law of the German minimum wage laws MiLoG, their validity has not been suspended (with the exception of transit) and the obligation to notify drivers, recording working time and payment 8,5 € per hour of work still exists.

Link to Form HERE. The notification should be sent only on the form wj. German.

Day 1 August 2015 year came into force a new Mindestlohndokumentationspflichtenverordnung - MiLoDoKV (Regulation on obligations to keep records to the minimum wage), § 2 This Regulation amends the validity of the earlier regulation. According § 1 paragraph. 2 MiLoDokV obligation to notify employees pursuant to § 16 MiLoG not arise in the case when it comes to following custom circle of people:

– spouses

– children

– parents

entrepreneurs working in his factory, if the employer is a legal person, a partnership having legal capacity, authorized to represent the body of a legal person or a member of such a body or authorized to represent the partner in a partnership with legal personality. Based § 1 paragraph. 2 MiLoDokV employer is not subject to documentation for the aforementioned group of persons, resulting from § 17 Myelogenous.

No obligation to report the above-mentioned people absolutely not exempt from payment and accounting of the minimum wage on the basis of § 20 Myelogenous.

source: ZMPD

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