Inclusion of performance bonus in calculations for continued pay, holiday pay, and 13th-month special payment under collective employment terms

The BAG reversed the Landesarbeitsgericht’s partial decision and amended the first-instance judgment to order the defendant employer to pay the plaintiff employee a gross monthly performance bonus of €598.73 for the period from July 1, 2007, to August 31, 2008, net of amounts already paid, while explicitly requiring the inclusion of this bonus in the calculation of continued pay during incapacity, additional holiday pay, and the 13th-month special payment. The dispute concerned the entitlement to a contractual performance bonus and its integration into statutory and collective agreement-based compensation components, specifically referencing §§ 14 and 16 EMTV and § 2 No. 2.2 ETV 13th Month Income. The court upheld the plaintiff’s claim, basing its ruling on the interpretation of collective employment terms that mandate the performance bonus to be considered in the calculation of subsequent entitlements, thereby granting the employee the full financial adjustment sought against the employer.