Pay
"Only permanent staff get a Christmas bonus."
Everyone at the company gets a Christmas or holiday bonus, except the trainees.
Tarifvertrag / betriebliche Übung / Gleichbehandlungsgrundsatz
It depends …
There is no statutory right — but a collective agreement, contract or equal treatment can give one.
There is no statutory Christmas or holiday bonus. A right can arise, however, from a collective agreement (often expressly including trainees), your training contract, a works agreement or company practice (the company has paid it without reservation for several years). If the company pays voluntarily, it must observe the principle of equal treatment: it may only exclude groups for an objective reason. Such a reason can lie in the purpose of the payment (e.g. rewarding company loyalty); a mere "trainees get nothing" is not always enough.
What the law says
Principle of equal treatment (BAG)
If an employer grants voluntary benefits according to a recognisable system, it may not exclude individual employees or groups without an objective reason.
§ 10 (2) BBiG – Applicable law
The legal provisions and principles applicable to employment contracts apply to the training contract.
What you can do
- Look in the collective agreement and training contract for "annual special payment".
- Ask the works council whether there is a works agreement.
- Ask politely why trainees are excluded.
- If the company used to include trainees, a company practice may exist.
More cases: Pay
- More money? Be glad you're learning!
- Buy your own tools!
- €550 a month is fine for a trainee.
- In your second year you earn the same as in your first.
- We're not paying those few hours of overtime.
- You pay for school books and calculators yourself.
- Your pay is coming a bit later this month.
- If you quit, you pay back the training costs.
- You pay a fee for the training place.
- We'll deduct food and your room from your pay.
- Nobody pays for your commute.
- As a trainee you don't get child benefit any more.
- During probation you get less money.