From 01 October 2022, the statutory minimum wage will increase to EUR 12 per hour. At the same time, the remuneration for mini-jobs will be increased from EUR 450 to EUR 520 per month.
In connection with the mini-job, there are a number of things to consider from an employment law perspective. Our specialist lawyer for labour law Christian Seidel gives tips on the following questions:
- Written employment contract for mini-jobbers?
- Recording of working hours?
- Other occupations of the mini-jobber?
Should the employment contract for a mini-job be in writing?
Yes, already for documentation and evidence purposes, the employment contract for a marginal employment should also be fixed in writing.
This should also be seen against the background of the increased requirements since August 01, 2022 due to the regulations of the Evidence Act. The catalogue of essential contractual conditions that the employer must record in writing has been significantly expanded. In the event of a violation, fines of up to EUR 2,000 now threaten.
For this reason and to prevent unpleasant questions in the event of a social security audit, mini-job employment contracts should also be written down. Likewise, supplements due to increases in the minimum wage or total compensation.
Do working hours have to be recorded?
It is often forgotten that according to Section 17 of the Minimum Wage Act, the employer is obliged to record the working hours of the mini-jobber at the latest by the end of the seventh calendar day following the day on which the work is performed – and to keep this record for at least two years.
This can also be transferred to the minijobber by means of a corresponding contractual arrangement.
What applies with regard to further employment of the mini-jobber?
In addition, the employer should make sure that the mini-jobber provides evidence – e.g. in the employment contract or in the personnel sheet – of whether or to what extent he/she is still employed.
Otherwise, the employer runs the risk of incorrect accounting due to lack of knowledge and of being subsequently charged with social security contributions.
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