If your German employer pays you late, the wrong amount, or refuses to pay an earned bonus, the law is firmly on your side â but only if you act before contractual exclusion periods (Ausschlussfristen) cut off the claim.
What you are entitled to
Your employer owes you everything that is contractually agreed: base salary, agreed bonus, agreed commissions, agreed allowances, and any payments mandated by collective or works-council agreements. On top of that, the German Minimum Wage Act sets a hard floor (â¬12.82/hour) that cannot be waived even by mutual agreement.
When is your salary due?
Under § 614 BGB the salary is due after the service has been performed â typically at the end of the month. Once the contractually fixed payment date passes without payment, your employer is in default (Verzug) and owes statutory default interest of 5 percentage points above the Bundesbank base rate.
Bonus and commission disputes
Bonus disputes are common in finance, tech, and sales roles. The starting point is the contract: what does it say about the formula, eligibility on the payment date, and discretionary elements?
Overtime compensation
Whether overtime is paid extra depends on your contract:
- “All overtime included” clauses are usually invalid for ordinary employees (no upper limit, not transparent under § 307 BGB).
- Capped clauses (“up to 10 hours per month included”) are usually valid. Anything above the cap must be paid or time-banked.
- Since BAG 13 September 2022 (1 ABR 22/21), employers must record working time. Where they haven’t, the evidentiary burden shifts in your favour.
What we do
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Contract review
We check your contract for the Ausschlussfrist clause and any bonus, commission, or overtime provisions.
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Quantify and demand
We calculate exactly what you are owed and draft the written demand to preserve the claim within the 3-month window.
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Labor-court claim if needed
If the employer doesn’t pay within the deadline, we file at the competent Arbeitsgericht. These claims tend to move faster than dismissal cases.
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Calibrated tone
If you want to keep the job, we tone the demand accordingly. Often a well-drafted lawyer’s letter resolves the matter without filing.