A worker’s pay claim can arise from a contract for work and labour should their client or customer not fulfil their payment obligation. Due dates for remunerating for work is shown in § 641 BGB, and it states the following:
(1) The remuneration must be paid upon acceptance of the work. If the work is to be accepted in parts and the remuneration for the individual parts is specified, then the remuneration is to be paid for each part when it is accepted.
(2) The remuneration of the contractor for a work whose production the customer has promised to a third party is due at the latest
- to the extent that the customer has received from the third party his remuneration or parts of his remuneration for the production of the promised work,
- to the extent that the work of the customer has been accepted by the third party or is deemed to have been accepted, or
- to the extent that the contractor has unsuccessfully set the customer a suitable deadline for information on the circumstances referred to in nos. 1 and 2.
If the customer has given the third party security on account of possible defects of the work, sentence 1 applies only if the contractor gives the customer an appropriate security.
The rights of workers regarding remuneration are provided for under § 631 BGB which a contractor is obliged to produce the promised work and the customer is obliged to pay the agreed remuneration.
The agreed remuneration can be in the form of money or terms of exchanged services.