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.
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Check the reclaim →Your chances of getting your money back
What you should do now
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1. Clarify the purpose of the payment
Does the special payment reward company loyalty or does it (also) remunerate work performed?
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2. Check the clause
Look at the repayment/cut-off clause: are the amount and tie-in duration reasonable?
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3. Assess the claim
With hidden remuneration or an unclear clause, the reclaim is often invalid.
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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
We put together the ready-made texts and the right places to contact for you.
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.