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Operational exercise on special payments to employees

The operational exercise is fundamentally derived from the actual performance provided and leads to an implicit addition to the individual contract. For example, if a bonus of a similar amount is regularly paid in addition to vacation and Christmas pay, the trust principle comes into play pursuant to § 863 ABGB, without there being an express intention on the part of the employer to impose an obligation. The additional bonus thus becomes part of the salary.
No business practice regarding the future granting of a bonus arises if - to the employee's knowledge - the benefit is paid in a different amount. In this case, the employee must assume that the employer intended to grant the benefit only for the respective year. The explicit mention of this fact should, if possible, also be made in writing.

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