Performance allowance inclusion in continued remuneration and statutory bonuses under collective wage agreements

The Federal Labor Court dismissed the defendant-employer's revision, modifying the lower appellate decision to order the employer to pay the employee a monthly performance allowance of €644.79 gross for the period July 1, 2007, to August 31, 2008, and to include this allowance in the calculation of continued monthly remuneration under § 16 EMTV, additional holiday pay under § 14 EMTV, and the 13th-month bonus. The dispute centered on the employee’s claim for specific contractual wage components and their integration into statutory entitlements, challenging the employer’s prior non-payment. The decisive legal basis comprised the applicable collective agreements governing wage structures (EMTV, ETV 13. Monatseinkommen) and provisions on the calculation of continued pay during specific periods, which mandated the aggregation of the performance allowance into the base figures for subsequent benefit calculations.