The Posted Workers Act, the Minimum Wage Act and the Act on the Provision of Temporary Workers all lay down certain minimum requirements in relation to the terms and conditions of employment, with which any employer posting workers to Germany must comply, e.g.:
minimum pay pursuant to the Minimum Wage Act;
minimum pay pursuant to the Posted Workers Act and wage floor pursuant to the Act on the Provision of Temporary Workers;
overtime premiums;
minimum length of holidays;
holiday pay;
additional holiday allowance;
general conditions of employment;
other obligations (evidence of working time and other specific documents may have to be provided to the authority monitoring unreported employment (Finanzkontrolle Schwarzarbeit);
employer’s liability (e.g. if a contractor or sub-contractor does not pay at least the minimum wage or fails to make contributions to the holiday pay fund).
Violations of the Minimum Wage Act, the Posted Workers Act or the Act on the Provision of Temporary Workers are punishable as administrative offences.