Reward system
May 3, 2011 | 28,00 EUR | answered by Bernhard Müller
I have agreed on the following bonus system with my employer:
The calculation basis consists of the following revenue groups: A, B, C
The revenues of the relevant month as well as the previous year's month are determined monthly.
In group A, each full percentage point deviation is valued at x euros
In group B, each full percentage point deviation is valued at x euros
In group C, each full percentage point deviation is valued at x euros
These three individual values are then added up. Negative and positive bonuses are offset against each other. Any negative bonus amounts are carried forward to the following month, while positive bonus amounts are settled. The monthly maximum bonus for this is 500 euros.
In the past 10 months, no bonus has been paid out, but a total of 1200 euros in losses has been accumulated. Now, the entire negative amount would be paid off at once, as my employer argues that only 500 euros can be generated each month, so no more negative amounts can be reduced each month.
Is this correct? I had actually understood that the maximum payout is 500 euros and that positive bonus amounts can also be carried forward.
Since my employer sees this differently, I request an evaluation of the original wording provided.
Dear inquirer,
The statement: "The monthly maximum premium for this is €500." actually means that no more than €500 premium can be earned in a month.
The statement: "Any negative premium amounts will be carried over to the following month, positive premium amounts will be settled." means that positive premiums cannot be carried over.
If something else had been intended, the wording should have been something like: "Any negative premiums will be carried over to the following month. Any positive premiums will be settled up to an amount of €500 and the rest will be carried over to the following month."
However, the fact that no more than €500 positive premiums can be earned in a month does not necessarily mean that you have to repay the entire €1200 at once.
Your salary must have a fixed component in addition to the premium, so that your salary consists of X euros premium and Y euros fixed monthly or hourly wage.
If the premium is the only component of your salary, the agreement would be against good morals.
If the agreement is valid, meaning that you receive a fixed salary component in addition to the premium, only so much negative premium can be deducted from your salary each month that the non-seizable part of your fixed salary remains with you. Because according to § 394 BGB, your employer cannot set off non-seizable claims.
The amount that must remain with you from your salary depends on whether and, if so, how many people you are obliged to support. The exact amount is regulated in § 850c ZPO. If you are not obligated to support any other individuals, the non-seizable amount is €985.15 per month.
Therefore, depending on the amount of your salary, it may be necessary to spread the repayment of the €1200 over several months.
Best regards,
Bernhard Müller Attorney
