Advokt: New law improves the conditions of all posted workers to Germany

As of July 30, 2020, the new Konbe o slinn worker (so-called Arbeitnehmerentsendungsgesetz), which transposes the directives of the European Union, entered into force. Lawyer Arthur Braun explains how the employee’s working conditions change.

What is the most fundamental change according to the new law?
The new law stipulates that those sent to Germany must receive the minimum wage valid for Germany. At present, it is 9.35 euros per hour, which is more than with us. At the same time, however, they must have the same financial conditions for transfers, bonuses, etc. And if there is a binding collective agreement at the level of Germany, the terms of this agreement apply to Czech employees who work for Czech employers in Germany.

For example, annual leave under a collective agreement (according to German law it is permissible – as with our 4 weeks, but many collective agreements stipulate 5 and 6 weeks) and surcharges. It is interesting from the point of view of the employee that a better option is always valid: if the Czech law provides the employee with more than one (which, by the way, happens in many cases), then this appropriate wording applies to them.

What are the rules for the castle cost of travel and boarding?
And so far, the practice has been such that the Czech employer has paid for accommodation, travel and meals; with the new law, however, the employee must get a bond at least according to German law and if, according to the country of origin of the employee, in our case, the Czech Republic. Paul on board is quite high (German law provides 28 euros, esk even 45 euros per day). And since Paul is not considered a part of the wage, they will have the same wage as the Germans, and they will be increased by a lump. This will lead to a dramatic increase in labor in Germany.

So today, do employees who are temporarily working in Germany have the same status as their colleagues?
Not yet completely, for example, protection against answers and the first will apply to them and after 12 months of work in Germany (for enough employers, the period can be extended to 18 months).

What about the employees who work for her in Germany? Do the new rules also apply to n?
Surprisingly yes, the bill is paid retrospectively, even if someone works in Germany under 12 months, it will now fall under strong protection under the new code.

And what about those who go to Germany often and regularly for meetings and meetings? How did he look at n?
The discussion, which took place after the first months after the introduction of the minimum wage (concerning, for example, a teacher on a road trip to the Danes), at the end of the day did not clarify that business trips or participation in trade fairs in Germany in the range of 30 days (and max. 14 days in a row) during 12 months and knees do not fall under the right to a minimum wage.

Particularly interesting for Czech companies may be the fact that they last for 8 days during 12 months. In my opinion, however, the longest exception applies to forwarders, as this does not include this law at all.

A number of companies will want to alleviate the situation and bypass the new rule by recommending their people to work on a trade license.
I would definitely not recommend varcsystm. Checks on the back of the mine are more rigorous, and Germany has promised to hire thousands of new customs inspectors to ensure compliance. In addition, employees will be able to recover their salary and return for three years, and due to the guarantee, even the contractual partners will not agree with it.

If the employer does not follow the newly set rules, how do I get an employee?
In the event of a breach of the employer, a fine of 500,000 euros will be imposed, but in addition, the employee will be obliged to pay the difference in wages or salaries for 3 years. The employee can first get help in both Czech and German courts.

Will it affect the new employment agreement in Germany?
I’m in trouble, even because of the coronavirus crisis. After hundreds of infections came to light (most of them were debts from the entrance to Europe working in slaughterhouses or large farms, which are forced to be deprived in poor climatic hostels), the public is slowly becoming interested in where the cheap goods on their tables come from. Contract for work in large slaughterhouses should be such a business in such a case.

The law in Germany transposed the new European directive on employees. This has prevailed mainly due to the efforts of France and Belgium as a country with high unemployment among young people, in order to prevent the influx of cheap labor from the entrance, in my view it is clearly protectionism within the European Union.

Germany has long opposed it, and local legislation has relied only on the Consumer Wage Act, so industry can enjoy labor prices.

The new concept means that the popular business concept of Czech companies can be paid for, which is due to the fact that their number or Slovenian employees work cheaper. This competitive advantage with the new rules is almost disappearing.