The German Federal Ministry for Labor and Social Affairs published a statutory instrument on December 29, 2014 that significantly relaxes an employer's obligation to record the working time of their company's employees in the areas of the economy threatened by clandestine employment according to section 2a of the Act to Combat Clandestine Employment (Schwarzarbeitsbekämpfungsgesetz, SchwarzArbG). This Ordinance on Minimum Wage Documentation Obligations (MiLoDokV) already entered into force on January 1, 2015.

The Ordinance on Minimum Wage Documentation Obligations exempts an employer from the documentation obligation under section 16 (1) of the Minimum Wage Act for employees permanently earning a regular monthly wage of more than EUR 2,958 gross. The employer must keep the documents that serve as evidence for this monthly wage readily available in German in order to make it possible for the responsible customs office to verify compliance with the Minimum Wage Act.

It should be noted that the employer still has to comply with its documentation obligation under section 16 (2) of the Working Time Act (Arbeitszeitgesetz, ArbZG), i.e. the employer has to keep a record of working time that exceeds the 8-hour limit on working days.

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