Should the provision of year end bonus in a job be mentioned in the Job contract?
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Rephrased the Question for clearer understanding
So after a series of successful interviews with a German company in Munich. I was first communicated a job offer through email with
Salary = X Base salary + Y(Yearly Bonus based on company's success or jährliche Erfolgsbeteiligung) to which I agreed
.
Now in the contract there is no mention of the provision of the year end company profit based Bonus.
I know it not guaranteed that I recieve it but shouldnt at least a provision for the year end bonus be mentioned in the contract?
Otherwise I feel that the company might get away not giving bonus, even when they are doing well, simply by stating that we never promised such a thing?
salary job-offer germany bonus language
|
show 2 more comments
up vote
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down vote
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Rephrased the Question for clearer understanding
So after a series of successful interviews with a German company in Munich. I was first communicated a job offer through email with
Salary = X Base salary + Y(Yearly Bonus based on company's success or jährliche Erfolgsbeteiligung) to which I agreed
.
Now in the contract there is no mention of the provision of the year end company profit based Bonus.
I know it not guaranteed that I recieve it but shouldnt at least a provision for the year end bonus be mentioned in the contract?
Otherwise I feel that the company might get away not giving bonus, even when they are doing well, simply by stating that we never promised such a thing?
salary job-offer germany bonus language
I'm not a lawyer (nor am I German) but "entitled to..." is at odds with everything the contract says.
– Dark Matter
Nov 30 at 13:21
then how else would you define the ''when' and "how"?
– Anirudh
Nov 30 at 13:32
recruiter.com/i/…
– Anirudh
Nov 30 at 14:35
Normally, a bonus is not a required thing, and you even said this in your formula above ("no clear promises") and agreed to that. And apparently the German legalese says this as well but in many more words, so I don't really understand what you're trying to achieve here. You want them to guarantee a specific bonus? If you want help interpreting your contract language you should ask a local attorney. Also this should have been done before resigning from your current position; now you have no bargaining power, unless you want to act as if you haven't actually resigned yet.
– Brandin
Nov 30 at 14:43
well I think ''no clear promises" got poorly phrased the no clear promise was no clear promise of the number. For me if they do not mention that there is a provision of a company profit based bonus then then might get away with no paying anything even when company is doing good.
– Anirudh
Nov 30 at 14:47
|
show 2 more comments
up vote
0
down vote
favorite
up vote
0
down vote
favorite
Rephrased the Question for clearer understanding
So after a series of successful interviews with a German company in Munich. I was first communicated a job offer through email with
Salary = X Base salary + Y(Yearly Bonus based on company's success or jährliche Erfolgsbeteiligung) to which I agreed
.
Now in the contract there is no mention of the provision of the year end company profit based Bonus.
I know it not guaranteed that I recieve it but shouldnt at least a provision for the year end bonus be mentioned in the contract?
Otherwise I feel that the company might get away not giving bonus, even when they are doing well, simply by stating that we never promised such a thing?
salary job-offer germany bonus language
Rephrased the Question for clearer understanding
So after a series of successful interviews with a German company in Munich. I was first communicated a job offer through email with
Salary = X Base salary + Y(Yearly Bonus based on company's success or jährliche Erfolgsbeteiligung) to which I agreed
.
Now in the contract there is no mention of the provision of the year end company profit based Bonus.
I know it not guaranteed that I recieve it but shouldnt at least a provision for the year end bonus be mentioned in the contract?
Otherwise I feel that the company might get away not giving bonus, even when they are doing well, simply by stating that we never promised such a thing?
salary job-offer germany bonus language
salary job-offer germany bonus language
edited Nov 30 at 15:38
asked Nov 30 at 12:24
Anirudh
10318
10318
I'm not a lawyer (nor am I German) but "entitled to..." is at odds with everything the contract says.
– Dark Matter
Nov 30 at 13:21
then how else would you define the ''when' and "how"?
– Anirudh
Nov 30 at 13:32
recruiter.com/i/…
– Anirudh
Nov 30 at 14:35
Normally, a bonus is not a required thing, and you even said this in your formula above ("no clear promises") and agreed to that. And apparently the German legalese says this as well but in many more words, so I don't really understand what you're trying to achieve here. You want them to guarantee a specific bonus? If you want help interpreting your contract language you should ask a local attorney. Also this should have been done before resigning from your current position; now you have no bargaining power, unless you want to act as if you haven't actually resigned yet.
– Brandin
Nov 30 at 14:43
well I think ''no clear promises" got poorly phrased the no clear promise was no clear promise of the number. For me if they do not mention that there is a provision of a company profit based bonus then then might get away with no paying anything even when company is doing good.
– Anirudh
Nov 30 at 14:47
|
show 2 more comments
I'm not a lawyer (nor am I German) but "entitled to..." is at odds with everything the contract says.
– Dark Matter
Nov 30 at 13:21
then how else would you define the ''when' and "how"?
– Anirudh
Nov 30 at 13:32
recruiter.com/i/…
– Anirudh
Nov 30 at 14:35
Normally, a bonus is not a required thing, and you even said this in your formula above ("no clear promises") and agreed to that. And apparently the German legalese says this as well but in many more words, so I don't really understand what you're trying to achieve here. You want them to guarantee a specific bonus? If you want help interpreting your contract language you should ask a local attorney. Also this should have been done before resigning from your current position; now you have no bargaining power, unless you want to act as if you haven't actually resigned yet.
– Brandin
Nov 30 at 14:43
well I think ''no clear promises" got poorly phrased the no clear promise was no clear promise of the number. For me if they do not mention that there is a provision of a company profit based bonus then then might get away with no paying anything even when company is doing good.
– Anirudh
Nov 30 at 14:47
I'm not a lawyer (nor am I German) but "entitled to..." is at odds with everything the contract says.
– Dark Matter
Nov 30 at 13:21
I'm not a lawyer (nor am I German) but "entitled to..." is at odds with everything the contract says.
– Dark Matter
Nov 30 at 13:21
then how else would you define the ''when' and "how"?
– Anirudh
Nov 30 at 13:32
then how else would you define the ''when' and "how"?
– Anirudh
Nov 30 at 13:32
recruiter.com/i/…
– Anirudh
Nov 30 at 14:35
recruiter.com/i/…
– Anirudh
Nov 30 at 14:35
Normally, a bonus is not a required thing, and you even said this in your formula above ("no clear promises") and agreed to that. And apparently the German legalese says this as well but in many more words, so I don't really understand what you're trying to achieve here. You want them to guarantee a specific bonus? If you want help interpreting your contract language you should ask a local attorney. Also this should have been done before resigning from your current position; now you have no bargaining power, unless you want to act as if you haven't actually resigned yet.
– Brandin
Nov 30 at 14:43
Normally, a bonus is not a required thing, and you even said this in your formula above ("no clear promises") and agreed to that. And apparently the German legalese says this as well but in many more words, so I don't really understand what you're trying to achieve here. You want them to guarantee a specific bonus? If you want help interpreting your contract language you should ask a local attorney. Also this should have been done before resigning from your current position; now you have no bargaining power, unless you want to act as if you haven't actually resigned yet.
– Brandin
Nov 30 at 14:43
well I think ''no clear promises" got poorly phrased the no clear promise was no clear promise of the number. For me if they do not mention that there is a provision of a company profit based bonus then then might get away with no paying anything even when company is doing good.
– Anirudh
Nov 30 at 14:47
well I think ''no clear promises" got poorly phrased the no clear promise was no clear promise of the number. For me if they do not mention that there is a provision of a company profit based bonus then then might get away with no paying anything even when company is doing good.
– Anirudh
Nov 30 at 14:47
|
show 2 more comments
2 Answers
2
active
oldest
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up vote
0
down vote
(First of all I'm no lawyer and this subject touches contract law in Germany.
I think in Germany there is something like contract through consistent action.
"betriebliche Übung"
This is a specific german legal term and I don't think that the translation covers the same things in english.
So if a company payed a bonus 5 years in a row and in the sixth year doesn't you might have grounds for a lawsuit to get the bonus in the sixth year, too since the company created a contract in the 5 years before by paying the bonus.
With this phrase in your contract the company protects itself against the contract through action by clarifying their actions in a written contract.
The alternative to this snippet in your contract probably would be no bonus.
Edit: Before an edit there was a mention of a standart phrase that I have seen a couple of times if a contract has a bonus.
Anyway the bonus should be mentioned in the contract. I wouldn't sign the contract how you paint it in your current edit
But don't be surprised if they keep this block to protect themselves
,,Die Zahlung etwaiger weiterer Gratifikationen, Tantiemen, Prämien
oder sonstige Leistungen liegt im freien Ermessen der Gesellschaft
un begründet kein Rechtanspruch für die Zükunft auch wenn die
Gesellschaft solche Leistungen wiederholt und ohne ausdrücklichen
Vorbehlat der Freiwilligkeit leistet(Ausschluss der betreiblichen
Übung)"
(translation in his edits)
if the bonus is 'performance' or profit based. This question of lawsuit doesnt arise.
– Anirudh
Nov 30 at 13:00
if it isn't communicated in the contract that the bonus is voluntary and performance based, for example if both of these parts are missing the term "betriebliche Übung" applies if the company just pays a bonus for some years. Also in Germany the "Arbeitsgericht" (labour court) would probably be responsible for this case so lawsuit might be the wrong word since lawsuit to me implies civil court.
– Bobbyy Tables
Nov 30 at 13:22
but again...thats not the point. The point is why isnt there a transparent mention of the conditional Bonus? at least ''when'' and ''why'' of it I know it could be that I get none but again no mention of it sounds fishy to me.
– Anirudh
Nov 30 at 13:44
again: not a lawyer but the snippet you are mentioning is only there to protect the company against any claims that result from regular/planable payments. They might in a different part of the contract make clear when and how much they are paying.
– Bobbyy Tables
Nov 30 at 14:02
if it is once a year it is regular. if they payed it the last x years people tend to plan with it.
– Bobbyy Tables
Nov 30 at 14:07
|
show 5 more comments
up vote
0
down vote
accepted
Got my answer in the link below, I have decided to request the new company to add a mention of the provision of year end bonus to be on the safe side.
https://www.recruiter.com/i/when-you-receive-a-job-offer-always-get-bonus-expectations-in-writing/
add a comment |
2 Answers
2
active
oldest
votes
2 Answers
2
active
oldest
votes
active
oldest
votes
active
oldest
votes
up vote
0
down vote
(First of all I'm no lawyer and this subject touches contract law in Germany.
I think in Germany there is something like contract through consistent action.
"betriebliche Übung"
This is a specific german legal term and I don't think that the translation covers the same things in english.
So if a company payed a bonus 5 years in a row and in the sixth year doesn't you might have grounds for a lawsuit to get the bonus in the sixth year, too since the company created a contract in the 5 years before by paying the bonus.
With this phrase in your contract the company protects itself against the contract through action by clarifying their actions in a written contract.
The alternative to this snippet in your contract probably would be no bonus.
Edit: Before an edit there was a mention of a standart phrase that I have seen a couple of times if a contract has a bonus.
Anyway the bonus should be mentioned in the contract. I wouldn't sign the contract how you paint it in your current edit
But don't be surprised if they keep this block to protect themselves
,,Die Zahlung etwaiger weiterer Gratifikationen, Tantiemen, Prämien
oder sonstige Leistungen liegt im freien Ermessen der Gesellschaft
un begründet kein Rechtanspruch für die Zükunft auch wenn die
Gesellschaft solche Leistungen wiederholt und ohne ausdrücklichen
Vorbehlat der Freiwilligkeit leistet(Ausschluss der betreiblichen
Übung)"
(translation in his edits)
if the bonus is 'performance' or profit based. This question of lawsuit doesnt arise.
– Anirudh
Nov 30 at 13:00
if it isn't communicated in the contract that the bonus is voluntary and performance based, for example if both of these parts are missing the term "betriebliche Übung" applies if the company just pays a bonus for some years. Also in Germany the "Arbeitsgericht" (labour court) would probably be responsible for this case so lawsuit might be the wrong word since lawsuit to me implies civil court.
– Bobbyy Tables
Nov 30 at 13:22
but again...thats not the point. The point is why isnt there a transparent mention of the conditional Bonus? at least ''when'' and ''why'' of it I know it could be that I get none but again no mention of it sounds fishy to me.
– Anirudh
Nov 30 at 13:44
again: not a lawyer but the snippet you are mentioning is only there to protect the company against any claims that result from regular/planable payments. They might in a different part of the contract make clear when and how much they are paying.
– Bobbyy Tables
Nov 30 at 14:02
if it is once a year it is regular. if they payed it the last x years people tend to plan with it.
– Bobbyy Tables
Nov 30 at 14:07
|
show 5 more comments
up vote
0
down vote
(First of all I'm no lawyer and this subject touches contract law in Germany.
I think in Germany there is something like contract through consistent action.
"betriebliche Übung"
This is a specific german legal term and I don't think that the translation covers the same things in english.
So if a company payed a bonus 5 years in a row and in the sixth year doesn't you might have grounds for a lawsuit to get the bonus in the sixth year, too since the company created a contract in the 5 years before by paying the bonus.
With this phrase in your contract the company protects itself against the contract through action by clarifying their actions in a written contract.
The alternative to this snippet in your contract probably would be no bonus.
Edit: Before an edit there was a mention of a standart phrase that I have seen a couple of times if a contract has a bonus.
Anyway the bonus should be mentioned in the contract. I wouldn't sign the contract how you paint it in your current edit
But don't be surprised if they keep this block to protect themselves
,,Die Zahlung etwaiger weiterer Gratifikationen, Tantiemen, Prämien
oder sonstige Leistungen liegt im freien Ermessen der Gesellschaft
un begründet kein Rechtanspruch für die Zükunft auch wenn die
Gesellschaft solche Leistungen wiederholt und ohne ausdrücklichen
Vorbehlat der Freiwilligkeit leistet(Ausschluss der betreiblichen
Übung)"
(translation in his edits)
if the bonus is 'performance' or profit based. This question of lawsuit doesnt arise.
– Anirudh
Nov 30 at 13:00
if it isn't communicated in the contract that the bonus is voluntary and performance based, for example if both of these parts are missing the term "betriebliche Übung" applies if the company just pays a bonus for some years. Also in Germany the "Arbeitsgericht" (labour court) would probably be responsible for this case so lawsuit might be the wrong word since lawsuit to me implies civil court.
– Bobbyy Tables
Nov 30 at 13:22
but again...thats not the point. The point is why isnt there a transparent mention of the conditional Bonus? at least ''when'' and ''why'' of it I know it could be that I get none but again no mention of it sounds fishy to me.
– Anirudh
Nov 30 at 13:44
again: not a lawyer but the snippet you are mentioning is only there to protect the company against any claims that result from regular/planable payments. They might in a different part of the contract make clear when and how much they are paying.
– Bobbyy Tables
Nov 30 at 14:02
if it is once a year it is regular. if they payed it the last x years people tend to plan with it.
– Bobbyy Tables
Nov 30 at 14:07
|
show 5 more comments
up vote
0
down vote
up vote
0
down vote
(First of all I'm no lawyer and this subject touches contract law in Germany.
I think in Germany there is something like contract through consistent action.
"betriebliche Übung"
This is a specific german legal term and I don't think that the translation covers the same things in english.
So if a company payed a bonus 5 years in a row and in the sixth year doesn't you might have grounds for a lawsuit to get the bonus in the sixth year, too since the company created a contract in the 5 years before by paying the bonus.
With this phrase in your contract the company protects itself against the contract through action by clarifying their actions in a written contract.
The alternative to this snippet in your contract probably would be no bonus.
Edit: Before an edit there was a mention of a standart phrase that I have seen a couple of times if a contract has a bonus.
Anyway the bonus should be mentioned in the contract. I wouldn't sign the contract how you paint it in your current edit
But don't be surprised if they keep this block to protect themselves
,,Die Zahlung etwaiger weiterer Gratifikationen, Tantiemen, Prämien
oder sonstige Leistungen liegt im freien Ermessen der Gesellschaft
un begründet kein Rechtanspruch für die Zükunft auch wenn die
Gesellschaft solche Leistungen wiederholt und ohne ausdrücklichen
Vorbehlat der Freiwilligkeit leistet(Ausschluss der betreiblichen
Übung)"
(translation in his edits)
(First of all I'm no lawyer and this subject touches contract law in Germany.
I think in Germany there is something like contract through consistent action.
"betriebliche Übung"
This is a specific german legal term and I don't think that the translation covers the same things in english.
So if a company payed a bonus 5 years in a row and in the sixth year doesn't you might have grounds for a lawsuit to get the bonus in the sixth year, too since the company created a contract in the 5 years before by paying the bonus.
With this phrase in your contract the company protects itself against the contract through action by clarifying their actions in a written contract.
The alternative to this snippet in your contract probably would be no bonus.
Edit: Before an edit there was a mention of a standart phrase that I have seen a couple of times if a contract has a bonus.
Anyway the bonus should be mentioned in the contract. I wouldn't sign the contract how you paint it in your current edit
But don't be surprised if they keep this block to protect themselves
,,Die Zahlung etwaiger weiterer Gratifikationen, Tantiemen, Prämien
oder sonstige Leistungen liegt im freien Ermessen der Gesellschaft
un begründet kein Rechtanspruch für die Zükunft auch wenn die
Gesellschaft solche Leistungen wiederholt und ohne ausdrücklichen
Vorbehlat der Freiwilligkeit leistet(Ausschluss der betreiblichen
Übung)"
(translation in his edits)
edited Nov 30 at 16:04
answered Nov 30 at 12:39
Bobbyy Tables
253
253
if the bonus is 'performance' or profit based. This question of lawsuit doesnt arise.
– Anirudh
Nov 30 at 13:00
if it isn't communicated in the contract that the bonus is voluntary and performance based, for example if both of these parts are missing the term "betriebliche Übung" applies if the company just pays a bonus for some years. Also in Germany the "Arbeitsgericht" (labour court) would probably be responsible for this case so lawsuit might be the wrong word since lawsuit to me implies civil court.
– Bobbyy Tables
Nov 30 at 13:22
but again...thats not the point. The point is why isnt there a transparent mention of the conditional Bonus? at least ''when'' and ''why'' of it I know it could be that I get none but again no mention of it sounds fishy to me.
– Anirudh
Nov 30 at 13:44
again: not a lawyer but the snippet you are mentioning is only there to protect the company against any claims that result from regular/planable payments. They might in a different part of the contract make clear when and how much they are paying.
– Bobbyy Tables
Nov 30 at 14:02
if it is once a year it is regular. if they payed it the last x years people tend to plan with it.
– Bobbyy Tables
Nov 30 at 14:07
|
show 5 more comments
if the bonus is 'performance' or profit based. This question of lawsuit doesnt arise.
– Anirudh
Nov 30 at 13:00
if it isn't communicated in the contract that the bonus is voluntary and performance based, for example if both of these parts are missing the term "betriebliche Übung" applies if the company just pays a bonus for some years. Also in Germany the "Arbeitsgericht" (labour court) would probably be responsible for this case so lawsuit might be the wrong word since lawsuit to me implies civil court.
– Bobbyy Tables
Nov 30 at 13:22
but again...thats not the point. The point is why isnt there a transparent mention of the conditional Bonus? at least ''when'' and ''why'' of it I know it could be that I get none but again no mention of it sounds fishy to me.
– Anirudh
Nov 30 at 13:44
again: not a lawyer but the snippet you are mentioning is only there to protect the company against any claims that result from regular/planable payments. They might in a different part of the contract make clear when and how much they are paying.
– Bobbyy Tables
Nov 30 at 14:02
if it is once a year it is regular. if they payed it the last x years people tend to plan with it.
– Bobbyy Tables
Nov 30 at 14:07
if the bonus is 'performance' or profit based. This question of lawsuit doesnt arise.
– Anirudh
Nov 30 at 13:00
if the bonus is 'performance' or profit based. This question of lawsuit doesnt arise.
– Anirudh
Nov 30 at 13:00
if it isn't communicated in the contract that the bonus is voluntary and performance based, for example if both of these parts are missing the term "betriebliche Übung" applies if the company just pays a bonus for some years. Also in Germany the "Arbeitsgericht" (labour court) would probably be responsible for this case so lawsuit might be the wrong word since lawsuit to me implies civil court.
– Bobbyy Tables
Nov 30 at 13:22
if it isn't communicated in the contract that the bonus is voluntary and performance based, for example if both of these parts are missing the term "betriebliche Übung" applies if the company just pays a bonus for some years. Also in Germany the "Arbeitsgericht" (labour court) would probably be responsible for this case so lawsuit might be the wrong word since lawsuit to me implies civil court.
– Bobbyy Tables
Nov 30 at 13:22
but again...thats not the point. The point is why isnt there a transparent mention of the conditional Bonus? at least ''when'' and ''why'' of it I know it could be that I get none but again no mention of it sounds fishy to me.
– Anirudh
Nov 30 at 13:44
but again...thats not the point. The point is why isnt there a transparent mention of the conditional Bonus? at least ''when'' and ''why'' of it I know it could be that I get none but again no mention of it sounds fishy to me.
– Anirudh
Nov 30 at 13:44
again: not a lawyer but the snippet you are mentioning is only there to protect the company against any claims that result from regular/planable payments. They might in a different part of the contract make clear when and how much they are paying.
– Bobbyy Tables
Nov 30 at 14:02
again: not a lawyer but the snippet you are mentioning is only there to protect the company against any claims that result from regular/planable payments. They might in a different part of the contract make clear when and how much they are paying.
– Bobbyy Tables
Nov 30 at 14:02
if it is once a year it is regular. if they payed it the last x years people tend to plan with it.
– Bobbyy Tables
Nov 30 at 14:07
if it is once a year it is regular. if they payed it the last x years people tend to plan with it.
– Bobbyy Tables
Nov 30 at 14:07
|
show 5 more comments
up vote
0
down vote
accepted
Got my answer in the link below, I have decided to request the new company to add a mention of the provision of year end bonus to be on the safe side.
https://www.recruiter.com/i/when-you-receive-a-job-offer-always-get-bonus-expectations-in-writing/
add a comment |
up vote
0
down vote
accepted
Got my answer in the link below, I have decided to request the new company to add a mention of the provision of year end bonus to be on the safe side.
https://www.recruiter.com/i/when-you-receive-a-job-offer-always-get-bonus-expectations-in-writing/
add a comment |
up vote
0
down vote
accepted
up vote
0
down vote
accepted
Got my answer in the link below, I have decided to request the new company to add a mention of the provision of year end bonus to be on the safe side.
https://www.recruiter.com/i/when-you-receive-a-job-offer-always-get-bonus-expectations-in-writing/
Got my answer in the link below, I have decided to request the new company to add a mention of the provision of year end bonus to be on the safe side.
https://www.recruiter.com/i/when-you-receive-a-job-offer-always-get-bonus-expectations-in-writing/
answered Dec 1 at 13:01
Anirudh
10318
10318
add a comment |
add a comment |
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I'm not a lawyer (nor am I German) but "entitled to..." is at odds with everything the contract says.
– Dark Matter
Nov 30 at 13:21
then how else would you define the ''when' and "how"?
– Anirudh
Nov 30 at 13:32
recruiter.com/i/…
– Anirudh
Nov 30 at 14:35
Normally, a bonus is not a required thing, and you even said this in your formula above ("no clear promises") and agreed to that. And apparently the German legalese says this as well but in many more words, so I don't really understand what you're trying to achieve here. You want them to guarantee a specific bonus? If you want help interpreting your contract language you should ask a local attorney. Also this should have been done before resigning from your current position; now you have no bargaining power, unless you want to act as if you haven't actually resigned yet.
– Brandin
Nov 30 at 14:43
well I think ''no clear promises" got poorly phrased the no clear promise was no clear promise of the number. For me if they do not mention that there is a provision of a company profit based bonus then then might get away with no paying anything even when company is doing good.
– Anirudh
Nov 30 at 14:47