GERMAN LEGISLATION FRIGHTENS ROMANIAN TRANSPORT COMPANIES
From January 1st 2015 minimum wages have been adopted in Germany, Romanian transport companies are frightened by this new legislation. In various publications – both in quality newspapers as well as in publications from the Romanian transport federation – the general impression is this legislation will result in higher labour cost and moreover a higher administrative pressure.
The general idea exists that Romanian transport companies must pay its drivers according to the minimum German wage, for the time they have spent in Germany, as dictated by the new German legislation. As questionable as it may sound – it would imply that Germany would impose its internal German labour legislation to all other countries – the interpretation of the German legislation is very strong in Romania. Below we added one example of the various publications:
”Starting in the beginning of 2015, Romanian transport companies operating routes in Germany will have to meet a series of new regulations as a result of entry into force of a normative act on minimum wage. The law applies to all foreign companies, imposing a minimum level of € 8.50 per hour. The company must be able to prove that the driver has been paid according to these requirements, for the period of time the vehicle spends on German territory.
According to the agreement, these include: The payment of the drivers in a timely manner and in the minimum amount stipulated by the German law; providing the German partners with all necessary reporting documents, as well as other documents such as salary reports, timesheets, copies of customs declarations etc. Note that, according to the agreement, failure to comply entails the payment of damages determined exclusively by the client.
For each route operated by a Romanian driver in Germany, the Romanian employer is obliged to notify the German customs through a written report. Although the law comes into force on 1 January 2015, German authorities have not provided up to this point clear and comprehensive information on the application of this law by foreign operators. In addition, the Romanian partner must submit to its German client all data pertaining to its partners / distributors and to ensure that these comply with German law.”