Work Bonuses from Day Workshops: Income for Maintenance

Oct 24, 2025 Benn-Ibler Rechtsanwälte

In its ruling (8 Ob 147/24m) of 12 August 2025, the Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) has recently clarified that payments for work performed in a day workshop must, in principle, be included in the basis for calculating maintenance, even if there is no legal entitlement under an employment contract.

The respondent in the case at hand, the mother to a minor child, worked at a day workshop where she earned both work and performance bonuses as well as special bonuses. She also received various public benefits, such as an orphan’s pension, cost-of-living assistance, and housing support. The province of Styria requested reimbursement of expenses under Section 44 of the Styria Child and Youth Welfare Act (StKJHG) for the period in which the mother was receiving these benefits.  

Voluntary benefits vs. income elements

The OGH rejected the appeal, clarifying that voluntary payments made during an activity are not necessarily left out of maintenance assessments. What matters is whether there is a definite connection between the payment and the service provided, no matter if the payment is cash, in kind, or can be claimed. Key factors for eligibility include how regularly the payments are made, their relation to the activity, and whether they are based on objective criteria.

The lower courts treated bonuses as relevant income, a view upheld by the OGH, which found the payments were directly tied to performed work and not purely voluntary or unrelated to the activity.

OGH, 8 Ob 147/24m, (12 August 2025)