The cantonal minimum wage shall apply from mid-2022. The Cantonal Government has put the law into effect which was approved by the voters in June 2021. At the same time, the Cantonal Government passed the executive ordinance. A minimum wage of CHF 21 applies to employees whose habitual place of work is located in the Canton of Basel-Stadt. The cantonal minimum wage does not apply where the social partners have regulated this in their respective sectors through a generally binding collective employment contract (GAV).
On June 13, 2021, the voters in Basel-Stadt approved the cantonal minimum wage law with 54 percent in favour. This act was the counter-proposal put forward by the Cantonal Government and parliament to the initiative "No wages under 23.-"; it sets the minimum wage at 21 CHF. Basel-Stadt is the first canton in German-speaking Switzerland to introduce a minimum wage with the aim that the salary of a full-time job should be enough to live on.
The minimum wage shall be received by those whose habitual place of work is located in the Canton of Basel-Stadt. The minimum wage therefore has no effect on extra-cantonal employees who occasionally work in Basel-Stadt. However, if the work is carried out regularly and habitually in Basel-Stadt, then the Basel-Stadt minimum wage applies regardless of where the company is domiciled. Posted foreign employees usually do not have their place of work in the Canton of Basel-Stadt; however, since the Posted Workers Act specifies a wage that is customary for the location and sector, the cantonal minimum wage applies to them for work conducted in the Canton of Basel-Stadt. The regulation passed by the Cantonal Government lies between the pure place of performance principle and that of the place of origin principle, thus enabling a viable control activity. The regulation complies to that of other cantons who have already introduced a cantonal minimum wage.