A minimum wage violation occurs when you receive less per hour in your student job than the statutory minimum wage requires. The minimum wage is 13.90 euros gross per hour in 2026 and 14.60 euros gross per hour from 1 January 2027. An agreement below that level is void, and you can claim the difference.
Short answer: If you receive less than the statutory minimum wage, you can demand the difference from your employer. The minimum wage is 13.90 euros in 2026 and 14.60 euros gross per hour from 2027, as of November 2026. Claims generally become time-barred after three years (section 195 BGB, German Civil Code, in German). Contact points are your employer, advice centres and the Financial Monitoring Unit for Illegal Employment (Finanzkontrolle Schwarzarbeit) of customs.
The most important points
- The statutory minimum wage generally applies to student jobs, mini-jobs and working student positions.
- Agreements below the minimum wage are void, and the full entitlement remains.
- You can claim the difference, and the limitation period is generally three years.
- Complete records of working time often decide whether a claim succeeds.
- Reports to the Financial Monitoring Unit are possible, but they do not replace your own claim.
Does the minimum wage apply to student jobs?
Generally yes. The minimum wage applies to students, mini-job workers and working students alike, unless the employment falls under an exception. Whether an exception applies, for example for certain internships, depends on the individual case and should be checked in advance. Our guide on internships during studies and the minimum wage (in German) explains the rules for internships.
| Period | Minimum wage per hour (gross) | Source |
|---|---|---|
| 1 January 2026 to 31 December 2026 | 13.90 euros | Fifth Minimum Wage Adjustment Ordinance |
| From 1 January 2027 | 14.60 euros | Fifth Minimum Wage Adjustment Ordinance |
How do you spot an underpayment?
Calculate your pay per hour. To do this, divide the gross wage you actually received by the hours you actually worked, not by the hours agreed in the contract. If the result is below the minimum wage for that year, there is a violation. Pay attention to preparation time, shift handovers and overtime, because these also count as working time.
Assumption: in 2026 you work 20 hours in a month and receive 11 euros per hour. At the minimum wage, 20 hours come to 278 euros, but you receive 220 euros. You can claim the difference of 58 euros for that month.
Which steps help with a claim?
- Collect all documents: employment contract, payslips, bank transfers and messages about shifts.
- Keep your own list of working time, with date, start and end of each shift.
- Submit the claim in writing to your employer and set a reasonable deadline for payment.
- Seek information on your chances from an advice centre, a trade union or a legal advice service.
- If the employer does not respond, you can bring the claim to court or inform the Financial Monitoring Unit.
How far back can you claim?
Claims for the minimum wage are time-barred under the general rules. The regular limitation period is three years (section 195 BGB). Its start is governed by section 199 BGB: it begins at the end of the year in which the claim arose and you know, or should have known, the relevant circumstances. For wages from 2026, the period therefore generally ends on 31 December 2029.
In addition, an employment contract may contain its own forfeiture periods that are shorter than the statutory limitation period. For that reason, check the contract and do not wait until the end of the period. Negotiations with the employer can also change the position, which is something to clarify in your individual case.
What role does the Financial Monitoring Unit play?
The Financial Monitoring Unit for Illegal Employment belongs to customs. Among other things, it checks compliance with the minimum wage and follows up on reports. A report to the authority does not, however, replace your own claim against the employer. The authority will tell you directly which information it needs and how to submit your concern.
Frequently asked questions
Is a lower hourly wage in a student job allowed if I agree to it?
No. An agreement that falls below the minimum wage is void. Your consent does not change that, and the full entitlement remains. This also applies if the job was meant as a start or a favour.
Do I have to report the violation immediately?
An immediate report is not required. Still, act promptly, because contractual forfeiture periods can be shorter than the statutory limitation period. Check your employment contract and keep the deadline in view.
Can my employer dismiss me because I complain?
Dismissals as a reaction to a justified wage claim can be challenged in court. Whether a particular dismissal is effective depends on the contract, the stated reasons and the circumstances, and it should be examined early. Record the dates, content and any witnesses of conversations.
Does the minimum wage also apply to tutoring or household jobs?
The minimum wage generally applies to all employment relationships. For tutoring too, working time must be recorded properly so that the hourly pay can be checked. The calculation method is explained in our guide on tutoring as a mini-job (in German).
Do benefits in kind or tips count towards the minimum wage?
For the minimum wage, the relevant pay is generally cash. Whether and to what extent benefits in kind may be credited is limited and should be checked in the individual case. Tips are a separate point that you can trace in the employment contract and in the payslip.
What to do now
- Calculate your hourly pay for the last month using the formula in this guide.
- Secure your records before you approach the employer.
- Enter the end of the limitation period in your calendar.
- If anything is unclear, consult an advice centre or a legal advice service.
- Contact the Financial Monitoring Unit if the employer does not respond and the violation can be documented.
Related guides
- Working student, mini-job or midi-job: the comparison in figures (in German)
- Minimum wage 2027: 14.60 euros gross and what remains net
- Tutoring as a mini-job: what to watch for in earnings (in German)
- Ending a mini-job: deadlines, form and what the contract says
- Minijob limit 2027 for students: 633 euros a month
Sources: Fifth Minimum Wage Adjustment Ordinance, Federal Ministry of Labour and Social Affairs (in German, accessed November 2026), Section 195 BGB, regular limitation period (in German, current law), Section 199 BGB, start of the limitation period (in German, current law).
Last updated: November 2026. This guide is general information, not individual advice.
