The Christmas bonus, also known as the "14th monthly salary", is a special payment that employees in Germany, the EU and Switzerland usually receive at the end of the year, especially if they are made redundant. This additional payment is often intended as financial support for the holidays and can vary depending on the company and collective agreement. If an employee is made redundant, one wonders whether they are entitled to the Christmas bonus - especially if the dismissal takes place immediately before the payment.
Legal principles
The regulations regarding Christmas bonuses in the event of dismissal are not uniformly regulated by law in Germany, the EU and Switzerland. The respective employment contract, collective agreement or works agreement is decisive. In Germany, for example, Christmas bonus can be a special payment that is tied to certain conditions, such as length of employment at the time of payout. It is possible that a dismissed employee may be entitled to the Christmas bonus on a pro rata basis, depending on the exact contractual provisions.
Pro rata payment
It could happen that the employee is entitled to a pro rata payment of the Christmas bonus if they are dismissed before it is paid out. This depends on several factors, for example the specific wording in the employment contract or collective agreement. The Christmas bonus is also often calculated on a pro rata basis, depending on the actual length of employment in the current year. In some cases, however, the Christmas bonus may be forfeited if notice is given before the payment date.
Court decisions
In Germany, the EU and Switzerland, there have already been court rulings on cases in which employees have claimed their Christmas bonus after being dismissed. Depending on the individual case, the rulings can vary and often depend on the exact terms of the contract and the circumstances of the dismissal. For this reason, you should seek legal advice to clarify your individual entitlements in the event of termination and unanswered questions about Christmas bonuses.
Labor law advice
To avoid any uncertainties regarding Christmas bonuses in the event of dismissal, it is advisable to contact specialist employment law experts. They can review the specific case, analyze the legal basis and provide an assessment of whether there is a right to the Christmas bonus and in what amount. It can help to seek advice at an early stage in order to take legal action and protect your own interests.
