German minimum wage – all-clear for the foreign transport industry?

Published by Othmar K. Traber

On November 29, 2016 the Austrian Supreme Court (“OGH”; case no. 9 ObA 53/16h) decided that an Austrian driver is not entitled to receive the German minimum wage even though part of his duties are carried out in Germany. This exclusion stands alongside exceptions put in place by the German Government in relation to foreign haulage and forwarding companies and the pending pilot process initiated by the European Commission. The OGH decision is important because it is a first decision by a supreme court on that issue.