Christmas is approaching again soon – according to Arag, on average around 85 percent of employees covered by collective agreements in Germany can look forward to a Christmas bonus of just over €2,800.
But not every employee will be granted the Christmas bonus. In addition, the amount of the Christmas bonus varies by industry. For about 60 percent, the employment relationship, according to Arag legal experts, is not regulated by a collective agreement – the Christmas bonus then depends on the generosity of the boss.
Legal framework
Legally speaking, it is a special grant, a discretionary allowance, that the employer pays to his employee, according to Arag. In most companies, the Christmas bonus is paid in November together with the monthly salary. Originally, it was primarily intended to buy Christmas gifts.
But the issue of Christmas money is very complex. According to Arag experts, the amount
of the Christmas bonus, when exactly it is paid, and whether you even receive any at all, are decided solely and exclusively by the employer or the parties to the collective bargaining agreement.
Difference between Christmas money and 13th month salary
The Christmas bonus is often confused with the 13th month salary. But legal experts point out that the Christmas bonus is often a voluntary special payment by the employer, which at least should also reward loyalty to the company.
The 13th month salary, by contrast, is regularly a contractually agreed remuneration for work performed – an important difference in the event of termination.
Thus the 13th salary must be paid pro rata for the time worked in the calendar year, while the Christmas bonus must sometimes even be repaid if employees leave the company.
Legal entitlement to Christmas money?
There is no general right to
Christmas money, according to Arag experts. A special case, however, is the so-called company practice (betriebliche Übung), which can become a binding obligation.
If the employer, for example, pays Christmas money voluntarily for more than three years in a row, employees could assert legal claims.
Which amount?
There is no flat rate and no percentage to calculate the amount of the Christmas money. In many cases it is a gross monthly salary that is paid in addition to the November salary – this is often already the maximum. The Arag experts point to the principle of equal treatment: thus the employer must not determine the amount of the Christmas bonus arbitrarily according to the employee.
This means that part-time employees and mini-jobbers are entitled to a proportionate Christmas bonus that corresponds to the amount of a full-time employee (Bundesarbeitsgericht, Az.: 10 AZR 629/99). However, the Christmas
bonus could be higher if employees have long belonged to the company.
Also good to know: For the Christmas bonus taxes and, within the framework of the social security contribution ceiling, social security contributions must also be paid.
Christmas money in short-time work, mini-jobs and for apprentices?
In addition, the legal experts explain that every employee can receive Christmas money, regardless of whether he works full-time, is employed part-time, or has a mini-job. Apprentices should not be left empty-handed either.
However, the employer may exclude certain groups of employees from the Christmas money if he has a legitimate reason for it.
For short-time work: Anyone who has received Christmas money before the short-time work must also receive it in full during the short-time work. The calculation of short-time work benefits for the month of payment has no effect from the Christmas money as a one-off payment.
