Already compliant? Germany’s (non-)implementation of the Adequate Minimum Wage Directive

Abstract

This article analyses Germany’s (non-)implementation of the Adequate Minimum Wage Directive (AMWD) in light of the government’s claim that existing laws are already compliant. The analysis concludes that although the federal government is developing an action plan for social dialogue (Article 4(2) AMWD), the legislature has not made any structural changes to the Minimum Wage Act. Instead, the decisive changes have been made by the Minimum Wage Commission, which has updated its internal procedures. This passive approach leaves key questions unanswered regarding the legal nature and purpose of the minimum wage, particularly following the CJEU’s judgment in Case C-19/23