The IRU (International Road Transport Union) has sent a set of questions to the German Permanent Representation to the EU regarding many practical issues around the German Minimum Wage in order to obtain as much precise and official information as possible. These questions, along with others, can be found below and the answers will be published as soon as they are provided by the German federal authorities or we obtain satisfactory answers from other sources. 

If you have questions that you don't find in the list below, please send them to us at the info@ecgassociation.eu address and we will add them to the list.

1) Scope and registration procedure

a) What documents are required to be stored at the company premises?

b) What constitutes the proof of the registration procedure?

c) What documents is the driver required to present during a control?

d) What modifications as regards periods of work in Germany or driver data must be notified to German authorities?

Remark: How to deal with for example termination of employment contract and  transfer to a different employer.

e) Can annex to the 033037 form be used in order to avoid filling in a large number of data regarding drivers (in case of large companies)?

f) Do the drivers of new or used vehicles purchased in Germany being exported outside Germany fall under the scope of MiLoG?


2) Calculation of the minimum wage

a) What constitutes working time for which the foreign driver is to be remunerated under the MiLoG?

b) What about other segments as per Directive 2002/15 such as periods of availability?

c) How is tachograph data to be used for keeping track of the working time in Germany?

d) What rate of exchange should be used for Member States not using Euro or non EU countries?

Remark: The official rate of exchange of the day when the driver was working in Germany or the official rate of exchange of the day when the payroll is prepared? If Article 107 Provision (EEC 574/72) is to be used, this refers only to quarterly exchange rates, some Member States require shorter time periods to calculate employer’s contributions

e) What extra non-wage elements (such as allowances) can be included in the base salary? What non-wage elements are specifically excluded?


3) Other

Information and languages 

a) When can detailed dedicated information for foreign established transport companies be expected in various language versions?

Remark: Dedicated information in at least English, French, Polish and Russian are urgently needed.

b) Are official German translations required for the working time evidence stored at the company’s premises or, if applicable, for the documents the driver has to present during a check?


Self – employed drivers

a) Are ALL self-employed drivers (based on the law of their MS of establishment) exempted from MiLoG? If some categories are in the scope of MiLoG how are these to be determined? 

b) What documents are self-employed drivers obliged to store in their offices and carry in the vehicle to prove their status?