Am I entitled to a Christmas bonus?
And: do I have to repay the money if I cancel?
There is sometimes uncertainty among employees about this.
The most important facts.
Bremen - If you want to get nice presents for your loved ones for Christmas, you will be happy to receive an additional financial injection from your employer.
In some companies there is already a Christmas bonus on top of the November salary - but not in all of them.
Why not?
Because there is no legal entitlement to the payment of Christmas bonuses, it says in the magazine “BAM” of the Bremen Chamber of Employees (issue 11/12 2021).
A claim can only arise from the employment contract or the collective agreement.
Christmas bonus: How is the bonus money regulated
If nothing is regulated in this, a claim can also be derived from the so-called operational exercise: Anyone who has received the same amount of Christmas bonus from their employer for at least three years is entitled to it in the following years as well.
But here, too, there is an exception: If the employer has only paid the Christmas bonus under “conditionally” in the past few years, this does not give rise to any entitlement to ongoing payment.
In individual cases and in disputes between employees and employers *, legal advice makes sense, according to the magazine.
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And what if I received a Christmas bonus but quit a short time later?
Can my employer then claim the money back?
This would then require an express provision in the employment contract or in the collective agreement.
That would have to be checked on a case-by-case basis.
In principle, however, employees should not be inappropriately disadvantaged by regulations from the employment contract, writes "BAM".
(red / dpa)
* fr.de is an offer from IPPEN.MEDIA
