What are the rules for tipping?
The tip is usually due to the service staff, who receive it directly from the guest.
Photo: Kai Reamers/DPA-TMN
Many employees in the catering trade rely on additional tips. But it’s not always right in your pocket. Then who can solve it?
Hamburg (dpa/tmn). In gastronomy, a tip is often a welcome addition to the salary. But are service employees allowed to keep money directly?
Basically, the tip belongs to the employee who received it, Prof., specialist lawyer for labor law in Hamburg and member of the German Lawyers’ Association for Labor Law. Michael Fuhlrot says at least, unless otherwise provided in the employment contract.
The guest gives a tip voluntarily and thus appreciates the performance of the service staff. If the guest does not expressly request a separate payment of the tip, the relevant service staff can withhold the money.
You don’t have to go to the owner to tip
For example, a catering company cannot require employees to make suggestions. According to Fuhlrot, such rules are regularly ineffective. Even those who have signed the relevant clause do not have to follow such an instruction.
What is possible according to the employment lawyer: employment contract rules according to which the tip is distributed among the employees. However, this requires the consent of the employees. “Such rules cannot be imposed unilaterally.”
No minimum tipping requirements
In more and more individual cases, regulations allow tips to be offset against the respective fixed remuneration. In this case, however, it cannot be offset against the minimum wage. Under no circumstances are minimum requirements or minimum amounts of tips permitted for sale.
Good news for employees: tips are tax-free indefinitely.
© dpa-infocom, dpa:220810-99-339098/2 (dpa)