Salary: No money, no honey!


Nothing happens without money!

Contrary to the German Civil Code (BGB), the employment contract regulates how and when salary is paid. / © Getty Images/Stockfotos-MG
One of the core obligations of an employer in an employment relationship is the payment of wages. Laskowski focuses on the due date of payment, flexibility in employment contracts, and the possible legal consequences that may arise from late payment.
The German Civil Code (BGB) stipulates that remuneration is due after the work has been completed. Monthly payment is the norm; weekly or hourly payments are possible, but according to Laskowski, this is rather impractical.
According to the lawyer, a limited deviation from the law via individual employment contracts or collective agreements as well as works agreements is common. The Federal Framework Collective Agreement for Pharmacy Employees
(valid from 1 August 2024), the payment of wages is regulated as follows: »The salary is paid retroactively, in such a way that it is available to the employee no later than the penultimate banking day
of each month during working hours."
If special payments, such as a 13th salary, have been agreed upon, the pharmacy management generally determines the timing of payment – even in the form of partial payments. However, according to Laskowski, the special payment must be made with the salary for the month of November at the latest. If an employee entitled to a pro rata special payment leaves the company before this date, the corresponding portion must be paid out with the final salary.
Furthermore, according to the lawyer, different agreements regarding salary due dates can be included in the employment contract, such as payment on the 15th of the current month or even the following month. Arrangements for cashless payment and invoicing are also possible. In the rare case that a pharmacy has a works council, it should be noted that this council has a right of co-determination regarding the time, location, and method of salary payment.

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