Performance pay under § 18 TVöD: calculation of undifferentiated compensation

The Federal Labor Court (BAG) reversed the appellate decision, ordering the employer to pay the employee gross performance pay of 274.20 EUR plus interest from January 1, 2008, and to bear the full litigation costs. The dispute concerned the calculation of undifferentiated performance pay under § 18 of the Collective Agreement for Public Service Employees (TVöD), where the employee challenged the initial denial of this specific payment. Relying on the decisive legal basis of the collective agreement's provisions on performance compensation, the BAG's judgment as a recognition judgment (Anerkenntnisurteil) established the employee's entitlement to the disputed amount, effectively prevailing in favor of the claimant.