Reservation of voluntariness
In labor law , the voluntary reservation serves to exclude the creation of an employee's right to special payments (e.g. bonuses ) from the outset. This means that the employer can decide every year whether and under what conditions a special benefit should be paid.
Germany
The Federal Labor Court (BAG) decided in April 2007 that ongoing additional services that are in a genuine reciprocal relationship should not be made subject to a voluntary reservation. The consequence of this case law is that the employee has a legal claim to ongoing performance, which is intended to be voluntary . Monthly and reciprocal performance bonuses can no longer be effectively provided with a voluntary reservation. Other services not related to “current pay”, in particular special payments such as B. the Christmas bonus and other gratuities, on the other hand, should continue to be granted subject to voluntariness.
The claim from operational practice arises from an implied (verbal / conclusive) offer of contract and tacit acceptance by the employee, after three performance by the employer without granting a reservation ; on the part of the employer, taking into account good faith and all accompanying circumstances, to a certain declaration behavior of the employer.
