Difference to be paid up to the amount of the minimum wage

An employee is entitled to be paid the difference up to the amount of the minimum wage if their wage in a calendar month is less than the minimum wage. When making the comparison, the amount of the employee's gross wage may not include any benefits that are not considered to be wage according to Section 118(2) of the Labour Code (for example, wage compensation or standby allowance).

The additional amount to be paid is equal to the difference between the minimum wage valid for the relevant calendar year adjusted by the number of hours worked by the employee in the relevant month and the wage actually earned by the employee. When calculating the difference, the amounts of overtime pay, additional pay for work on public holidays, additional pay for night work, standby allowance for the inactive part of on-call time at the workplace, wage compensation for difficult working conditions, additional pay for work on Saturday and additional pay for work on Sunday must be disregarded.

This will ensure that the amounts of the defined claimable wage components are identified, in addition to the wage amount that is to be increased to reach the minimum wage. All other wage components (e.g. bonuses, performance bonuses, personal incentives, non-claimable allowances and benefits) shall be included in the employee’s total wage to be compared with the minimum wage.

For the purposes of calculating the hourly rate of the wage earned and adjusted as described above, the number of hours worked per month shall not include overtime hours and the duration of the inactive part of on-call time at the workplace.