The bonus is spent, and in January a better job offer arrives. Can your employer then demand the Christmas bonus back? Only if a valid repayment clause was agreed. Without a clause you keep the money. As of October 2026.
No clause, no repayment
A repayment obligation must be expressly agreed: in the employment contract, a collective agreement, a works agreement or the promise of payment. If nothing is written, there is no repayment claim, even if you resign shortly after the payment.
The Federal Labour Court's rules of thumb
Clauses in employment contracts are standard terms. They must not put you at an unreasonable disadvantage (§ 307 BGB), because a repayment obligation makes it harder to change jobs. The Federal Labour Court has therefore set limits on how long a special payment may tie you to the company:
| Amount of the bonus | Permissible lock-in |
|---|---|
| up to 100 € | no repayment obligation |
| above 100 € but below one month's salary | until 31 March of the following year |
| one month's salary | beyond 31 March until the next possible notice date |
| more than one month's salary | longer in individual cases, usually at most until 30 June |
In practice: if you receive half a month's salary as a bonus and resign effective 30 April, you do not have to repay anything, even if the contract provides for a lock-in until 30 June. According to case law, a lock-in that is too long makes the whole clause invalid; it is not cut back to the permissible length.
Does the type of payment matter?
Yes. Repayment clauses are only permitted for payments meant to reward loyalty. If the bonus also pays for your work, such as a 13th salary earned pro rata each month, you have already earned it by working. A repayment for the period after the reference year is then not allowed.
Whether a payment rewards loyalty or pays for work follows from its wording. Signs of pure loyalty are: payment only if employment is not under notice, no reduction for absences, an explicit reference to loyalty. Signs of pay are: pro rata payment on leaving, reductions for months without work, the label "13th salary".
Who gives notice matters
A repayment obligation may only apply if the reason for leaving lies with you, i.e. your own resignation or a dismissal for misconduct. If the employer dismisses you for operational reasons, a clause that also covers this case is unreasonable according to case law.
Repaying gross or net?
In principle the gross amount is reclaimed. If the employer deducts it from your last salary, he corrects income tax and social contributions as far as still possible in the current year. If the bonus is only repaid in the following year, the repaid amount reduces your wages in the year of repayment, which takes effect in your tax return at the latest. How social contributions are handled depends on the individual case. Ask for a clear explanation of the payslip.
Checklist
- Is there a repayment clause at all? If not: no repayment.
- Is it clearly worded and does it state the period?
- Does the lock-in period match the size of the bonus?
- Does the payment reward only loyalty or also work?
- Is the reason for leaving on your side?
If in doubt, ask the works council, your union or a lawyer specialising in employment law.
Calculate first, then decide
If you are weighing whether to change jobs before or after the cut-off date, the net value helps. A full month's salary of 3,200 € as a bonus leaves 1,778 € net in tax class I. Calculate your value with the Christmas bonus calculator. The basics of entitlement are in Is there a right to a Christmas bonus?.
Sources: § 307 BGB (gesetze-im-internet.de), established case law of the Federal Labour Court on repayment clauses for bonuses. The amounts are rules of thumb; each case is decided individually. This article is not legal advice. As of October 2026.