Tipped is a voluntary payment by a customer to a provider who is an employee, in addition to the wages that the employer owes anyway. From a labor law, this raises a number of questions.
Payment of wages cannot be excluded in cases where the employee receives a tip from a third party for his work. A tip is an amount of money paid by a third party without obligation to the employee in addition to a benefit owed to the employer. First of all, it should be noted that the employee concerned in the case decided, had been entitled for a long time without restrictions to collect tipped and keep them for himself. Deviating from this unilaterally through the influence of the employer to the detriment of the employee is only possible in some cases according to general labor law rules, at least if a so-called practice should have arisen, for which there was a lot to be said in the special case.
Furthermore, the judgment of the regulation says nothing on the question of whether a regulation on the distribution of tips can be agreed through an employment deal or, in companies where there is a works council, through a company agreement. That might be possible. In the case to be assessed, there was no written employment deal, and therefore probably no binding declaration on the use of tips.
Contrary to the defendant’s idea, the factor that the detail signs were affixed for several years cannot be used to conclude that the visitors had an anchored, permanent will to the intended purpose in terms of the content of the data. Even if individual visitors were still able to remember the exact content of the detail signs months later, which the work considers to be remote due to the lack of relevance beyond the period of immediate perception and payment, the dismantling of the signs has at least the same meaningfulness as the fact that there were once data boards with content. From the dismantling of these signs, it can be concluded that the intended use shown there – insofar as this is still mentally present – is no longer adhered to, which means that the existence of data signs in the past, their ability to be found and their exact content are not present as a whole to the decision.
The purpose of the cash payment was not expressly determined by the defendant in a way that was recognizable for the users of the activities in question. Likewise, in a socially situation, the giving of money in a collection such as the present one usually takes place without the individual providing the donation expressly the purpose. Rather, the latter wants to donate sums of money for the purpose offered to it – possibly impliedly. There is no law on the amount of the tip. As the beneficiary of a service, it is therefore up to you how high the amount is that you want to do without. The following rule is usually accepted: you pay a tip of 5 to 10 5 as a surcharge on the bill. The higher the initial sum, the more acceptable it is to prorate a sum at the bottom of the scale and not pay the complete 10 %.