Scope of application
The minimum wage of CHF 21 applies to employees whose habitual place of work is located in the Canton of Basel-Stadt. The regulation complies with those of other cantons, which have already introduced a cantonal minimum wage.
The minimum wage 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 workers do not have their usual place of work in the canton of Basel-Stadt. The Agreement on the Free Movement of Persons and the Swiss Code of Obligations prohibit discrimination between Swiss employees and those from the EU/EFTA. This means that the local and industry-standard wage must also be observed for posted workers, which means that the cantonal minimum wage also applies to posted workers for work in the canton of Basel-Stadt.
The cantonal minimum wage does not apply in sectors, which are regulated by a generally binding collective employment contract (GAV). Further exceptions can be found in § 2 of the MiloG.