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Pay back the Christmas bonus because you are resigning?

You are changing jobs, and suddenly the employer wants the Christmas bonus or a bonus back? Whether you have to pay depends on what the special payment was meant to achieve and how the clause is worded.

Reach your next steps and the matching ready-made texts in just a few minutes, free of charge:

Check the reclaim

Your chances of getting your money back

If a special payment rewards loyalty to the company, a tie-in/repayment clause or a cut-off date can be permitted, but only within a reasonable scope (the amount of the payment and the duration of the tie-in must be in proportion).
If, on the other hand, the special payment is (also) consideration for work performed, that is, hidden remuneration, a repayment clause is as a rule invalid. Then you do not have to repay anything. Unclear or overly far-reaching clauses are likewise often invalid.

What you should do now

  1. 1

    1. Clarify the purpose of the payment

    Does the special payment reward company loyalty or does it (also) remunerate work performed?

  2. 2

    2. Check the clause

    Look at the repayment/cut-off clause: are the amount and tie-in duration reasonable?

  3. 3

    3. Assess the claim

    With hidden remuneration or an unclear clause, the reclaim is often invalid.

  4. 4

    4. Reject in writing

    If you consider the claim unjustified, reject it in writing (advice if applicable).

Frequently asked questions

Do I have to repay the Christmas bonus if I resign?

Not in every case. If the special payment is meant to reward company loyalty, a repayment or cut-off clause can be permitted, but only if the amount of the payment and the duration of the tie-in are in a reasonable proportion. If, on the other hand, the payment remunerates (also) work performed, a reclaim is as a rule invalid, and you do not have to repay anything.

When is a repayment clause invalid?

Above all when the special payment is hidden remuneration, when the tie-in duration is too long in relation to the amount of the payment, or when the clause is worded unclearly or in an overly far-reaching way. In such cases you can reject the reclaim. When in doubt, an employment-law check of the specific clause is worthwhile.

Take action now

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General information for self-help, not legal advice (RDG). In case of a high loss or uncertainty: contact a consumer advice center or a lawyer.