─ Hello, MK-Compatriot!
I am currently working part-time and receive up to 450 euros per month. Sometimes you have to work at night and on Sunday. I read on the Internet that there is a 25% surcharge at night, and 50% of the hourly rate on Sunday. Having recalculated my salary, I realized that all my hours are paid the same way without additional payments. It doesn’t matter when I worked, what days.
I would like to inquire whether an employee for 450 euros is entitled to the indicated allowances, and if so, what are they? Is it true that if the salary exceeds 450 euros, then it will be a completely different model of cooperation? Will I be charged more taxes? What rights and responsibilities will I have then? Should I always earn more than 450 euros in this case? What if the border is exceeded 4-5 months a year?
Regis K., Neuss.
─ Dear Regis!
In your letter, you raised a whole range of issues at once. Regardless of the type of work, all employees are entitled to a wage supplement for work at night and on weekends. Wage supplements are regulated by the laws on working hours and wages ─ Arbeitszeitgesetz, Einkommensteuergesetz, in addition, the principle of equal rights applies in labor law. If the salary supplement does not exceed 25% for night work and 50% for weekend work, then the supplement is not considered additional income to the basic salary in the amount of 450 euros. However, the premium must always be paid in relation to the work performed.
The Minijob model provides for salaries of up to € 450 per month and an annual salary of up to € 5,400. An excess of salary is possible, but this excess should be irregular (no more than three times a year) and unplanned (for example, due to the illness of one of the colleagues). If you receive 4-5 times a year a salary exceeding 450 euros, then your work activity no longer corresponds to the Minijob form of work.
Lawyer Maxim BRITANOV,
Law Office Fabrika Prava
Britanow & Dr. Hirsch
Tel .: +49 (0) 69 26 49 22420
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