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Where the binding force comes from
The basis is the Posted Workers Act. The collective bargaining parties of an industry agree minimum rates, and the Federal Ministry of Labour and Social Affairs extends them to all businesses in the industry by statutory instrument under section 7 AEntG.
The rate therefore applies to businesses that belong to no employers' association and to employees who are not union members. The usual question of collective bargaining coverage does not arise here.
Where they exist
Among others in the main construction trade, roofing, the electrical trade, scaffolding, building cleaning, care, painting and varnishing, and waste management. The list changes, because the instruments are time-limited and have to be extended.
In building cleaning, from 1 January 2026 a uniform nationwide 15.00 euros applies in pay group 1 (interior and maintenance cleaning) and 18.40 euros in pay group 6 (glass and facade cleaning).
Liability for subcontractors
Anyone commissioning another business with works or services is liable under section 14 AEntG and section 13 MiLoG for its minimum pay like a guarantor who has waived the defence of failure to pursue the principal debtor. That applies along the whole chain.
In practice that means: anyone buying in cleaning, construction or security services should have compliance confirmed and keep the confirmation.
Example: two pay groups in one day
- Morning, maintenance cleaning, 4 hours: 4 × 15.00 euros = 60.00 euros.
- Afternoon, glass cleaning, 3 hours: 3 × 18.40 euros = 55.20 euros.
- Daily pay: 115.20 euros.
- Settling it uniformly at 15.00 euros would be 10.20 euros too low.
Common mistake
The statutory minimum wage gets applied because the business belongs to no association. The statutory instrument under section 7 AEntG does not ask about membership, and the difference has to be paid subsequently for up to three years.
This is not legal advice; for a specific case at your workplace you are better off asking someone qualified to give it.
Published by: AMNAU GmbH
Editorial responsibility: Ugur Aydogan, Product development.
Last reviewed: 2 September 2026