The Minimum Wage Act (MiLoG) has been in force since 1 January 2015. Hamburg Messe und Congress GmbH (HMC) undertakes to pay its employees at least the minimum wage in accordance with the MiLoG and to comply with the provisions of the MiLoG.

From a public procurement law perspective, HMC has been subject to far-reaching obligations since the Act on the Minimum Wage in the Free and Hanseatic City of Hamburg and amending the Hamburg Public Procurement Act came into force.

As an associated company of the Free and Hanseatic City of Hamburg, HMC only awards public contracts for construction work and other services as well as service concessions in accordance with Section 3 of the Hamburg Public Procurement Act (HmbVgG) to contractors who commit to this in writing when submitting a tender,

  • to grant their employees at least those working conditions, including remuneration, for the performance of the services to be awarded that are specified in the collective agreement to be observed in accordance with the German Posted Workers Act (AEntG) of 20 April 2009 (BGBl. I p. 799) or to comply with other statutory provisions on minimum wages,

  • to pay their employees (excluding trainees) for the performance of the service to be awarded at least a remuneration in accordance with Section 1 (2) MiLoG in the version applicable at the time (Section 3 (2) HmbVgG),

  • to obligate the subcontractors commissioned by them or a hirer commissioned by them or a subcontractor in writing to grant its employees at least the same working conditions that the contractor itself promises to observe,

  • in the case of temporary employment within the meaning of the Temporary Employment Act, to ensure that the lenders grant the temporary workers the same remuneration for the performance of the service as comparable employees of the hirer (Section 3 (3) HmbVgG),

  • ensure that the obligation is transferred in writing to a subcontractor commissioned by them or to a hirer commissioned by them or by a subcontractor and to provide evidence of the written transfers to the contracting authority on request.

  • ensure that the subcontractors commissioned in turn transfer the above-mentioned obligations in writing to the subcontractors or lenders commissioned by them and to oblige them to provide evidence of the written transfer to the contracting authority on request.

If the self-declaration is not submitted despite being requested to do so by the client, the request to participate or the tender will be excluded from the evaluation (Section 7 (1) No. 2 in conjunction with Section 3 HmbVgG).

Culpable non-fulfilment of the above obligations by the Contractor or its subcontractors shall entitle HMC to terminate the contract without notice.

Hamburg, 30.05.2024

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Header: © Hamburg Messe und Congress / Jürgen Nerger