The Federal Labour Court (Bundesarbeitsgericht, BAG) ruled on 8 December 2015 (docket number 1 AZR 595/14) that a works agreement on special premium dependent on renunciation of suing for dismissal protection may not exclude employees who are employed otherwise after their dismissal and do not initiate dismissal protection proceedings.
The plaintiff is an official (“Beamter“). In case of termination of the employment he is entitled to adequate employment and appropriate salary. Therefore, officials have been excluded in the works agreement from the entitlement to special premium for renunciation of suing for dismissal protection. In the present case, the plaintiff claims inter alia the special premium.
The BAG has ruled that the plaintiff is entitled to the claim. According to the preamble of the Works Council agreement the special premium serves the planning security of the Company. Therefore, the existence of a subsequent employment is irrelevant.