Die Auftraggeberhaftung auf den Mindestlohn

In 1996, the legislator created a principal liability for the wage of posted workers. 20 years later, the legislator has extended this liability mechanism to minimum wage and thus, expanded its scope of application substantially. This work investigates and explains the conditions under which the entrepreneur is legally responsible for the minimum wage obligations of his contractor. In the absence of any supreme court jurisdiction, there is legal uncertainty (e.g. restriction to general contractors, insolvency of the contractor, challenging transition to the Federal Labour Office [Bundesagentur für Arbeit]). The second part investigates whether strict liability (independent of negligence) maintains the constitutional rights of the principal, especially his freedom to choose an occupation and his equality rights.