Inclusion of collective-agreement performance bonuses in the calculation base for continued pay, vacation pay, and 13th-month payments under §§ 14, 16 EMTV and § 2 ETV

The Federal Labor Court (BAG) rejected the defendant's appeal, affirming that the employer must pay a monthly performance bonus of €363.83 gross for the period from July 2007 to August 2008 and include this amount in the calculation of continued monthly remuneration under § 16 EMTV, additional vacation pay under § 14 EMTV, and the special payment under § 2(2.2) ETV 13th Month Income, while ordering the defendant to bear the costs of the appeal. The dispute concerned a wage claim regarding the entitlement to and calculation basis for a performance bonus under collective agreements, challenging whether the bonus constituted part of the remuneration subject to statutory and contractual continuation or calculation adjustments. The court's decisive legal basis relied on the interpretation of the collective agreements governing the performance bonus and its integration into the calculation parameters for continued payment and ancillary benefits under §§ 14 and 16 EMTV and § 2 ETV 13 Month Income.