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The components of the remuneration are, if the employer does not specify any further requirements for the claim, e.g. B. the 13th month salary. If the employee quits, he has a claim based on the length of service he has completed.
Special allowances or gratuities
Which are granted as additional services for special occasions, e.g. B. at Christmas, for vacation or a service anniversary. If an employer pays a certain special remuneration three times in a row without reservation, an entitlement to payment of this remuneration arises in the future. Reservations can e.g. B. can be formulated as revocable at any time, without legal entitlement.
The remuneration components agreed in terms of the reason and amount in the employment contract or stipulated in the collective bargaining agreement and exceeding the basic remuneration are, for example, B. for night, Sunday, holiday work, but also as danger, dirt, difficulty, performance, child allowances, separation allowances, releases.
Those are to be remunerated if the hours worked exceed the regular working hours stipulated in the employment contract. The prerequisite for this is that
- the employer has ordered overtime to be performed
- Assigned work that could only be done using overtime
- knows and tolerates the work of overtime