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Variable salary components: judicial replacement performance determination in accordance with Section 315 (3) sentence 2 BGB

The determination of variable salary components, which builds on both the performance of the employee and the company's earnings situation, takes place at the favor of the employer's favorable discretion. If the employer's decision is erroneous, the court directly determines the amount of the variable remuneration itself. find the comment by Ra Dirk Helge Laskawy and Ra Peggy Lomb on the judgment of the LAG Hessen dated June 7, 2018 .

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