07.11.2024 Sabrina Ludwig 11205

How to protect your Christmas bonus from garnishment!

If you have financial problems and debts and have already had your wages or salary garnished, you can still look forward to receiving your employer's Christmas bonus. This is because the Christmas bonus is protected from garnishment up to 750 euros.

The regulations are clear: Christmas bonuses are unattachable up to half of the monthly allowance in accordance with section 850c (1) no. 3 ZPO in conjunction with section 850c (4) no. 1 ZPO. From July 1, 2024, this amount will be a maximum of EUR 750 (section 850c (1) no. 3 ZPO in conjunction with section 850c (4) no. 1 ZPO).

Please note: Taxes and social security contributions are deducted from the 750 euros.

The employer must determine how much of the Christmas bonus is non-garnishable and transfer it to the employee with the salary. This happens automatically and the employee does not need to worry about anything.

If this does not happen automatically, the person concerned must initiate a clarifying discussion with their employer.

Do you have an account seizure? Then do so:

However, if you have an account seizure, you should urgently increase the amount that cannot be seized in the seizure protection account (P-account) by the amount of the Christmas bonus. Just because you have a P-account does not mean that the garnishment-free Christmas bonus is protected. "This is because the protected basic amount and other already certified allowances will generally not be sufficient to secure the Christmas bonus plus," the consumer advice center points out on its website.

For this purpose, the debtor must file a corresponding application with the enforcement court of the place of residence, which is a division of the local court.

Sample letter: Additional release of the Christmas bonus for a P-account

A sample letter (additional release of the Christmas bonus for a P-account) can be easily downloaded from the consumer advice center:

Sample letter: Additional release of the Christmas bonus

Important: The special remuneration paid out at the end of the year does not necessarily have to be called Christmas bonus or Christmas gratuity in order to receive the additional attachment protection. It is sufficient if the payment is made in connection with Christmas - i.e. between mid-November and mid-January of the following year.

Those affected should take action quickly, as the Christmas bonus is usually paid out with the November salary.

If you have any questions or require assistance, please do not hesitate to contact the

pme income and budget counseling team
Angelika Heede
(specialist advisor)

Sources:

Consumer advice center