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The Hamm Regional Labor Court ruled on January 30, 2025 (Ref. 15 SLa 925/24) that employers may pay Christmas bonuses even if they are repeatedly paid under an effective reservation of voluntariness. Additionally, they are permitted to reduce the Christmas bonus in the event of illness-related absences in accordance with § 4a EFZG, provided the contractual clauses are formulated in a legally secure manner.
A reservation of voluntariness is effective if the clause states that the payment is made "under reservation and without prejudice for the future". The reduction according to § 4a EFZG is lawful if the benefit is granted voluntarily. A separate agreement is not required. According to § 4a EFZG, the reduction for each day of incapacity to work due to illness must not exceed one quarter of the average remuneration per working day.
In summary, employers may consider illness-related absences in voluntary special payments, but must observe the reduction limit from § 4a EFZG.
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