Ask a lawyer on the topic of Insolvency law

Christmas bonus and vacation compensation

November 17, 2009 | 20,00 EUR | answered by Andreas Scholz

Good evening,
on August 15, 2006, the insolvency proceedings were opened. At the end of October, the final report was submitted to the insolvency court. Now to my question. Due to my pregnancy and the associated employment ban, I was unable to take any vacation this year and my annual leave entitlement is now to be paid out in November. At the same time, I will receive Christmas bonus. The child has since been born (September) and I am therefore obligated to provide support for the child. Will my offset vacation entitlement be garnished? In conjunction with the Christmas bonus amounting to 100% of my average net salary of approximately 980 euros? And what about the parental allowance? (670 euros)
So many questions. Unfortunately, I do not have a good relationship with my trustee (she believes that a one-time contact at the beginning of the insolvency proceedings would be sufficient for the 6-year period of good conduct...), and I am really relying on your answer. Thank you for your effort.

Andreas Scholz

Dear questioner,

parental benefit is not subject to seizure.

Both Christmas bonus and the part of the income that is paid to you because you have not taken vacation days are generally subject to seizure (regarding vacation pay BAG, 9 AZR 611/99).

For Christmas bonus, a sum of up to 500 euros must remain with you. Anything beyond that is subject to seizure.

I hope this information has been helpful to you. If you have any further questions, please feel free to ask.

Kind regards,

Andreas Scholz, Esq.