Guide · Minimum wage

MiLoG 2026: minimum wage, documentation duty & recording

Minimum wage, §17 recording duty, retention and fines — explained for construction & trades.

By: Sandy Smajić · Founder & compliance expert, EmployGuardReviewed by: EmployGuard Compliance-TeamLast updated: 26 June 2026

What does MiLoG cover?

MiLoG sets the statutory minimum wage and requires employers in certain sectors — especially construction — to accurately record working time, fighting wage dumping and undeclared work.

Recording duty under §17 MiLoG

  • Start, end and duration of daily working time must be recorded.
  • Records must be created within 7 days of the work being performed.
  • Proof must be kept for at least 2 years and presented during FKS audits.

What fines apply?

Breaches of the recording duty can be fined up to €30,000; paying below minimum wage up to €500,000. Missing or manipulable paper records are the biggest risk.

Stay compliant with EmployGuard

  • Automatic, GoBD-compliant capture of start, end and breaks.
  • Audit-proof trail — no silent edits.
  • Customs/FKS-ready working-time proof in one click.

FAQ

Who does the MiLoG recording duty apply to?

Mainly sectors listed in SchwarzArbG §2a (construction, cleaning, hospitality, etc.) and mini-jobbers. When in doubt, always record working time fully.

Is Excel enough?

Excel is manipulable and risky during FKS audits. An audit-proof digital solution like EmployGuard is far safer.

How long must I keep records?

Under MiLoG at least 2 years; often longer for tax and social security. EmployGuard retains proof on time.