Hungarian hauliers have filed a lawsuit in a Hungarian court claiming that during their posting in France they were not paid the French minimum wage of €10.40 per hour, but the basic wage of €3.24 under their employment contract, despite the fact that during their work they had a declaration certified by a Hungarian notary in their possession along with an address of the French Minister of Labour that their wages during their posting were the French wage for the transport sector.

The Hungarian court referred the question to the Court of Justice of the European Union on whether Hungarian employees at a Hungarian-based employer could legitimately claim before a Hungarian court, whether French minimum wage rules had been violated.

In its judgment the court underlined that the EU Posting of Employees Directive applies to all cross-border services involving the posting of employees, including the activity of freight transport.

On the basis of the above, it was also highlighted by the Court that the maintenance of working and employment conditions, the minimum wage condition can be enforced by employees in front of the competent court, it means that Hungarian employees are entitled to sue their Hungarian employer in Hungary for breach of the law regime which may be applicable in the posting country.

The Hungarian court also asked the Court of Justice of the European Union whether the daily allowance paid during their posting abroad was part of their wages. As before, the EU court explained that the daily subsistence allowance is a benefit forming part of the minimum wage and is an allowance related to the posting, unless it is paid to reimburse expenses actually incurred in connection with the posting, such as travel, accommodation, and subsistence, or unless it corresponds to an allowance which alters the relationship between the work done by the employee and the consideration received.

Were you posted by your employer as a haulier? Do you have any doubts about the amount of your wages? Please contact our office with any questions under info@nzp.de or +49 911 936009-0.