Jahressonderzahlung if contract expires beforehand

[vryy]

In the company I'm working which is public-based there is an annual special payment and if the people are employed at 1/12 of the year they will receive a Jahressonderzahlung. But my contract ends on 30/9 I wonder if I still can receive it based on the pro-rata basis. I checked with the HR and they said no. But the law may have regulated it differently. Just want to know.

[PandaMunich]

In the company I'm working which is public-based there is an annual special payment and if the people are employed at 1/12 of the year they will receive a Jahressonderzahlung. But my contract ends on 30/9 I wonder if I still can receive it based on the pro-rata basis. I checked with the HR and they said no. But the law may have regulated it differently. Just want to know.

No, sorry, but they're right, since the Jahressonderzahlung is what they call Weihnachtsgeld (christmas bonus) in the public sector (öffentlichen Dienst), you have no claim to it if you're not employed on December 1st.
This is set down in the Tarifvertrag (collective labour agreement).
See here:

• Finanztip article (those are always excellent): https://www-finanztip-de.translate.goog ... r_pto=wapp

• Haufe article (resists GoogleTranslate, so copy the contens into DeepL.com to translate into German: https://www.haufe.de/oeffentlicher-dien ... 06802.html

The only exception would be if you work in a hospital, see § 20 Abs. 6.1 TVöD-K: https://www.haufe.de/oeffentlicher-dien ... 53745.html

• (6.1) Employees shall also receive the annual special payment if their employment relationship ends before 1 December. For employees whose employment relationship ended before 1 December, the last full calendar month of the employment relationship shall take the place of the assessment period in accordance with Section 20 (2), with the proviso that only the table pay and the allowances specified in monthly amounts shall form the basis of assessment for the annual special payment.

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If this had been a performance-based bonus (which it isn't), then yes, you could have had a pro-rated claim:

• https://www-fgvw-de.translate.goog/neue ... r_pto=wapp

• https://www-dr--drees-com.translate.goo ... r_pto=wapp