Statutory increase and interest in labor disputes

Questioner

The company where I work was recently sold. Insufficient profit premium was paid over the period 2012-2015. This came to light during the audit prior to the takeover. The profit supplement is set out in my employment contract and depends on the amount of profit (profit percentage = percentage supplement on annual salary). Now I receive a bonus because of the sale of the company. Here is also included the underpaid profit bonus from the past + a small extra amount. I must hereby provide a statement that I have nothing more to settle with the company. Can I now claim the statutory increase + statutory interest? If so, can this amount still be deducted from the additional amount of my bonus? I have indicated several times in the past that I believe that too little profit margin was being paid. Thank you in advance.

Lawyer

In principle, the statutory increase and statutory interest are due on a late paid bonus. If you have signed a statement that you have no further claim on the company, then your chances of that are as good as gone.

Lawyer

I advise you not to sign a statement too quickly in which you waive this back payment. If you have already signed this statement with a final discharge clause, this can sometimes still be reversed, namely insofar as the final discharge clause does not relate to claims that have not yet been discussed between the parties. You are indeed legally entitled to a statutory increase (which is often moderated by judges to 10-20 percent) and the statutory interest. There is nothing wrong with bringing this to the attention of your employer. Contact me immediately if you could use support with this.