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 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 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.