Germany: the federal labour court confirmed that all employees are equal before the Christmas bonus

In a ruling rendered on September 26, 2007, the federal labour court gave satisfaction to 50 employees to whom the employer had refused to pay the Christmas bonus, pretending that they had not – as opposed to their colleagues – accepted a new contract of employment which was less attractive. (Ref. 070799)
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Erfurt’s federal labour court confirmed that equal treatment fully applies to the Christmas bonus (Weihnachstgeld). The case concerned a car subcontracting company which, in 2001, asked 400 employees to accept, as part of a plan to streamline the company, a change in the employment contract which led to a reduction of the set salary, an increase in working time and the suppression of the Christmas bonus. In parallel, a company agreement on the payment of exceptional bonuses was also cancelled.

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