Your entitlement to wages when driving in Germany
If you carry out loading or unloading at a company in Germany, in most cases you must be paid at least the German minimum wage for all the hours you have worked in Germany – even if your employment contract was concluded in a different country.
You are usually entitled to wages based on the country you work in, not the country in which your employment contract was concluded. This means that, since February 2022, drivers have had to record on their tachograph that they are entering a different country whenever they reach a national border.
Example of a wage calculation
Always use the hammer icon when loading and unloading. This indicates that you are working – and that you are therefore entitled to wages. You should only use the bed icon for breaks, rest periods, holidays and sick days.
When you receive your wages, your employer should outline in writing how your wages were calculated. This information should clearly explain all the components of your wages.
Your employer must not withhold any part of your wages if there is no evidence of damage to vehicles or goods caused by you. If there are any deductions from your wages, it is advisable to send your employer a message (by email or WhatsApp, for example) asking the reason for this.
We want you to thrive – on the road and in the work you are doing.
If you encounter any problems at work, we recommend talking to your employer as a first step.
You also have the option of getting help anonymously and at no cost.
For example, you may wish to do this if:
- your wages have not been paid
- your rights to breaks or rest periods are not being observed
- you are experiencing pressure or unfair treatment
Many large companies have whistleblower systems and complaint mechanisms that you can use at any time – even if you are not directly employed by the company.
These facilities are there to listen to you and review your situation. Your data will be treated confidentially.
How it works:
- Check your transport documents to see which company you are delivering for. You are part of that company’s supply chain, which means that the company is interested in upholding your employee rights.
- Enter the name of the company you are delivering for and the term “Whistleblower System” in a search engine. This will help you find the whistleblower system/complaint mechanism for that company. You can then make contact using an online form, by phone or by email.
- You do not need to give your name if you do not want to.
- Your message will be reviewed.
- If you have not submitted your complaint anonymously, you will receive a message that your complaint has been received and the outcome of the review.
Why this is important:
Problems can only be dealt with properly if they are brought to light. Here are some examples:
Several HGV drivers from the same forwarding company submitted complaints using an automotive manufacturer’s whistleblower system. The volume of submissions led the automotive manufacturer to conduct an unannounced audit of the forwarding company, which identified grievances. A package of measures was agreed with the forwarding company and followed up on.
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An HGV driver submitted complaints to various automotive manufacturers and retail chains for which he had carried out shipments. He did this because he had not received his last four wage payments from his employer, and neither the employer nor the forwarding company was responding to his reminders. This soon changed when the loading company investigated the accusations. The driver ultimately received the wage payments that were owed to him.
The Sector Dialogue Automotive Industry does not offer legal advice. If you need any help with submitting a complaint or you have any other questions about your rights, please get in touch with Fair Mobility’s free advisory services.
You can contact Fair Mobility’s advisory services Here.
An initiative of the Sector Dialogue Automotive Industry in collaboration with Fair Mobility
