Inclusion of performance allowance in calculation bases for continued wages, holiday pay, and annual bonus under collective bargaining agreements

The Federal Labor Court dismissed the employer's revision and affirmed the lower court's judgment, ordering the employer to pay the employee a monthly performance allowance of 389.25 EUR gross (minus amounts already paid) for the period from July 1, 2007, to August 31, 2008, and mandating that this allowance be included in the calculation base for continued monthly wages under § 16 EMTV, additional holiday pay under § 14 EMTV, and the annual bonus under the 13th-month income agreement. The dispute concerned the contractual entitlement to a performance allowance and the obligation to factor this variable pay component into the calculation of statutory and contractual benefits during sickness or leave, challenging the employer's failure to do so. The decisive legal basis included the interpretation of the EMTV (Employment Agreement for Trade Employees) and the 13th-month income agreement, specifically §§ 14 and 16 EMTV and § 2 No. 2.2 of the ETV 13th Month Income, which govern the inclusion of performance allowances in the calculation of ancillary benefits and continued remuneration.