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On 29 January 2020 the Berlin-Brandenburg Regional Labour Court ruled on the effectiveness of a cut-off date clause in a works agreement (4 Sa 1456/19). The court held that a special payment to an employee intended to reward both loyalty and performance can be dependent on the existence of the employment relationship on a certain cut-off date. Background The plaintiff had worked for the defendant as an employee from 2012 until 2018. On 30 November 2018 the employment relationship ended as a result of a termination by the plaintiff. The plaintiff requested from the defendant the payout of an annual special payment for 2018. The defendant and its works council had concluded a works agreement on an annual special payment for employees to reward both company loyalty and performance. However, only employees whose employment relationship still existed on 1 January of the year following the end of the bonus period were entitled to this payment. Since the plaintiff s employment relationsh

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