For many employees in Germany a Christmas bonus is taken for granted. Yet there is no statute that requires it. Whether you are entitled depends only on what has been agreed with you or what has become established practice in your company. As of October 2026.
Five routes to a claim
1. Employment contract
If your contract says you receive a Christmas bonus or a 13th salary, you have a firm claim. The employer cannot cancel it unilaterally, not even in hard times. That requires your consent or a notice of change to your contract.
2. Collective agreement
Many collective agreements provide for an annual special payment. It applies if you are a member of the union that signed it and your employer is bound by it, or if your contract refers to the agreement. In the public sector this is the annual special payment under § 20 TVöD or TV-L.
3. Works agreement
Where there is a works council, a works agreement can regulate a Christmas bonus for all employees. It has direct effect like a contract (§ 77 (4) BetrVG).
4. Company practice
If the employer paid a Christmas bonus at least three years in a row without making clear that he does not want to be bound for the future, a claim arises from company practice (betriebliche Übung) according to the Federal Labour Court. This applies especially if the amount was the same each year.
The employer can prevent this with a clear voluntariness reservation with each payment, such as: "The payment is voluntary and does not create a claim for the future." Such a reservation must be clear and understandable. If the contract combines a voluntariness reservation with a revocation reservation, case law considers the clause contradictory and therefore invalid (§ 307 (1) BGB).
5. Equal treatment
If the employer pays a bonus to a group of employees, he may not exclude individuals without an objective reason. Comparable employees who get nothing can rely on the principle of equal treatment.
Part-time
Part-time employees may not be treated worse than full-time staff. They are entitled to a Christmas bonus at least in proportion to their working hours (§ 4 (1) TzBfG). If you work 30 instead of 40 hours, you get at least 75 % of a full-time employee's bonus. Mini-jobbers are included.
Parental leave, illness, maternity protection
Here the purpose of the bonus matters:
- If it only rewards loyalty, you get the full amount even after long absences.
- If it pays for work performed (for example a 13th salary), it may be reduced pro rata for periods without work, such as parental leave.
- For sick days a reduction is only allowed if agreed, and by at most a quarter of average daily pay per sick day (§ 4a EntgFG).
- Maternity protection periods may not lead to a reduction. The Federal Labour Court considers this unlawful sex discrimination.
Notice and leaving
If you leave during the year, a bonus that pays for work is due pro rata for the months worked. A pure loyalty bonus, by contrast, can be tied to a cut-off date, such as employment not under notice on 1 December. According to the Federal Labour Court, a special payment that also rewards work may not depend on employment continuing beyond the end of the year for which it is paid.
Whether you must return a bonus already paid after resigning is a separate question. The answer is in Paying back a Christmas bonus.
What to do if the bonus does not come
- Check your contract, the collective agreement and notices about works agreements.
- Collect payslips from previous years. They prove company practice.
- Assert your claim in writing. Watch out for cut-off periods in the contract or collective agreement; they are often only three months.
- Get advice from the works council, your union or a lawyer specialising in employment law.
What you keep net
When the bonus is paid, income tax and social contributions are deducted. With 3,000 € gross a month in tax class I, 563.50 € net remains of a 1,000 € bonus. Calculate your own value with the Christmas bonus calculator.
Sources: § 4 TzBfG, § 4a EntgFG, § 77 BetrVG, § 307 BGB (gesetze-im-internet.de), established case law of the Federal Labour Court on special payments. This article is not legal advice. As of October 2026.
