The energy crisis is also affecting many employers. Can companies now refrain from paying a 13th salary at the end of the year for reasons of savings?
One of the best Christmas presents ends up in an employee's bank account: the Christmas bonus from their employer. The special payment at the end of the year is firmly planned for many. This year, however, companies are increasingly feeling the effects of the energy crisis. Can they therefore waive the payment?
In general, there is no basic entitlement to a Christmas bonus anyway. Therefore, employees must first check whether the special payment is regulated in the employment contract, in the company agreement or in the collective agreement, as the Bremen Chamber of Labor informs.
A claim can also arise from what is known as operational practice. If an employer pays all of its employees a 13th salary without reservation for at least three years in a row, a contractual claim can arise, according to the website of the Chamber of Labor.
If there is actually a claim, employers cannot simply ignore it. If the Christmas bonus is still not paid, employees can sue for it at the competent labor court. According to the Chamber of Employees, however, the limitation period and any employment contract or collective bargaining limitation periods should be observed.
Employers also have the option of paying out the Christmas bonus at a later date by agreement. If the Christmas bonus was only paid voluntarily or flexibly in the past, employees have no entitlement. Companies can then refuse to pay.
In principle, employers are bound by the principle of equal treatment when designing the Christmas bonus. But: "A differentiation for factual reasons is permissible," explains Nathalie Oberthür, a specialist lawyer for labor law in Cologne. This means that in justified cases only certain employees of a company could receive a Christmas bonus.
The following also applies: If there is a reason for differentiation, the height can also be designed differently. "An arbitrary distinction without factual justification is inadmissible," Oberthür continued.
Part-time employees may also be entitled to a Christmas bonus. It is then calculated as the ratio of the respective reduced working hours to full-time employment, as the German Federation of Trade Unions explains.
