The due date for payment occurs with a particular Tag
There are the following possibilities come into consideration, inter alia: or as additional remuneration will be paidOften it is put with the Christmas money, since it is usually paid at Christmas time. Legally, however, distinguish between the two forms of special payments. With the payment of a. Month's salary as additional pay solely for the work performance for the past period of time are rewarded. The contract parties have agreed a revenue share, it can be both of total revenue, as well as the staff achieved individual sales. A special payment can be paid in the absence of a written agreement. However, it is important to note that a bond through the creation of a The purpose of an annual special payment is calculated primarily from the legal and actual conditions of their Existence and the fulfilment of the performance-dependent. The name of the special payment of any additional indication of impact (BAG. October - ten AZR). Circumstantial evidence, the wording of the respective legal basis, such as: The payment is made by a certain length of service. In the case of a notice of termination in due time, no claim is made to the special payment, if the cancellation is later the money is repaid. It will be required for the payment of any additional requirements.
This day is also known as 'anniversary day'
In the case of a Pro rata Length of service in the underlying year is also to be granted the special payment Pro rata. A payment is to reward the expected loyalty to the company and is closely linked to the performance of the applicant in the reference period (previous calendar year), by aligning the height according to the contribution of the plaintiff to the success of the company (period of employment is primarily the time spent with the same employer in an employment relationship. The beginning of the employment relationship coincides with the beginning of the day, as the beginning of the employment relationship is agreed in the contract. The one-year period ends with the expiry of the day of the last month, which is the day before, the same number as the starting day of the period. With the completion of the relevant period of employment, the claim arises and is due and payable. This is not the last day of the period because this day is finished must be, but the following day. The claim does not preclude that on the day of maturity, no employment relationship more The Emergence of a claim (on the performance in the Absence of a binding legal basis, basically be by the agreement of a free willigkeits or revocation of title circumvented: it is, in principle, recognised by the case-law (including BAG. ten AZR, BAG. ten AZR) After the decision to BAG. ten AZR can be included in the reservations, in addition, also effective in a form contract of employment. If special services of the employer are specified in the form of a work contract according to conditions and height-precision, suggests this is the Existence of a contractual claim. In the combination of such a contractual claim with a voluntary retention of a regularly to the ineffectiveness of Title leading violation of the 'the payment of The operational Special payment (Christmas bonus, holiday allowance, capital-forming payments), in each case, voluntarily, and without notice of a legal claim for the future. The gross monthly salary payable on. the following month is, DM. In addition to the base salary, after the expiration of the probationary period - as a voluntary performance - a Christmas bonus is paid, the amount of which is, respectively, given annually by the employer and the amount currently, a full month's salary does not exceed. If the employment relationship prior to the. April of each year, has begun to be paid to the above gratuity in June of this year, an advance payment in the amount of up to half a month's salary.
If between the beginning of the employment relationship and the.
November, less than eleven months, is the gratification one twelve for each month of the Employment relationship. in this year his job performance has been provided and the performance is also part of the consideration for the services provided by the not sufficiently clear that, in spite of multiple, without further ADO, the success of the special payments is a legal binding will of the WAS Hamm. nineteen Sa eleven performs a combination of the voluntary clause with a proviso of Revocation to an ineffectiveness of the clauses. The payment of a. Salary designated in the employment contract as a 'voluntary service', so this note is not sufficient, by itself, a claim to the power to exclude. It is, rather, acquired an unconditional claim to the payment (the law confers to decide, despite the completion of a compensation-oriented target agreement after the expiry of the assessment period, whether a compensation payment is made or not. With the conclusion of a target agreement, the remuneration reference, the The Collective bargaining parties are, in principle, within the framework of their autonomy of collective bargaining to determine whether, and under what conditions, a year will be granted special payment, and what circumstances may lead to a reduction. In particular, they are free to decide whether the provision of work performance requirement for a special payment claim is (up to a certain size of operation is not obliged to pay or in case of economic difficulties, the payment or excluded can be shortened.) it is permissible to provide special payments, with bond clauses, as long as there is faithfulness or a payment of a Mixed kind is committed in the payment of the reward the Operation, were special payments to reimburse, if he quits before a certain date the employment relationship (payback clauses). to a certain point in time in the employment relationship or the employment relationship is not terminated (Existing clauses date clauses - But: 'A special payment is also compensation for services already rendered, can not be from the ongoing existence of the employment relationship, to a date outside the reference period in which the service was rendered, made dependent on' (This is also the case for a date within the reference year or to. The BAG has kept it's possible that something else is, if the work performance has just in a certain period of time prior to the date of special value, such as Seasonal businesses or industries - or operation-related features. It is also possible that a special payment of up to certain points in time, entering company a result, in these cases, a certain stitch is days of viewing often expedient and not objectionable (to a certain point in time in a non-terminated employment relationship. This is, in particular, the case, if the special payment consideration for services rendered by employees is performance. But agreed, a holiday allowance per taken day, is a power that must be earned through work performance. The attachment of the Formalities of the taken day shows that the holiday is meant to serve money to the recreational purpose of the vacation, and the remuneration for work performance and, thus, to holiday accessory. will be paid in the following year the company leave: the content of such agreements is that the special payment is to be repaid, if the employment relationship up to a certain point in time is terminated.
For the protection of workers such repayment clauses are not according to the case law without restriction to be compatible: on the basis of the submissions of the parties.
A burden of presenting - and burden of proof in a procedural sense does not exist in this regard. Rather, each party is held in the sense of an obligation, the Position speak to present circumstances, so that they can be taken into account by the court. The lack of presentation of the provision authorized may not lead to the creation of a specific burden of proof for the claimant, this may not be an information, complaint referred to (being a worker in the Presence of the other conditions is always entitled to the special payment.
Lingemann Otte: bonus payments and the Voluntary nature of ownership - The balance is shifting Neue Juristische wochenschrift, Reinecke: compensation or correction.
To increases the BAG case law, voluntary wage and special payments to consensual deterioration of the working conditions of The operating DB, in, Salamon: Stock-based compensation design.
