gratuity

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In non-specific language usage, gratification (Latin: gratificatio = courtesy ; from gratis = free and facere = to do ) generally means a form of “reward” of any kind. In labor law, a gratification (also called special payment) denotes an additional cash payment by the employer via the Wages out.

Employment Law

There are three types of special payments:

  • Special payments with a purely remuneration character, which are to be viewed as consideration for the work performed,
  • Special payments for company loyalty and
  • a hybrid of both.

The most common special payment is the mixed form. Such special payments are often combined with a repayment clause and a voluntary reservation in order to avoid any operational practice .

Such voluntarily granted or special payments in addition to the normal salary can be, for example:

For example, loyalty to the company, attendance and special work are financially rewarded with additional payments. Bonuses can be agreed in an individual contract or the subject of a collective agreement or a works agreement , but they can also result from operational practice. The latter is the case if the employer repeatedly (three times in a row) pays the gratuity without reservation.

Swiss point of view

According to Swiss labor law, the bonus is a special remuneration from the employer, which is added to the employee's fixed wage. Often it is organized in connection with special occasions (such as Christmas bonuses ). The amount and the cause is fundamentally at the employer's discretion. However, it is not a voluntary service if the bonus is contractually agreed or if it is a customary payment. A long-term, regular and unconditional payment is considered the usual payment and thus an implied assurance. According to the case law of the Federal Supreme Court (BGE 129 III 276), such a claim exists if the payment has been made regularly and unconditionally for at least three consecutive years.

However, if this reservation is not a serious and empty phrase, then this reservation is irrelevant. The reservation applies as an empty phrase in particular if the employer would have had reason in the past not to pay the gratuity and has paid it out anyway.

The employer may link the payment of a gratuity to compliance with requirements, as long as individual people are not placed in a worse position than the majority. These conditions must be factually justified and must not be arbitrary or discriminatory.

See also

Individual evidence

  1. ↑ Staehelin, Zurich Commentary, N. 9 on Art. 322d OR.
  2. ^ David Schneeberger; Bonus and gratuity . Retrieved November 30, 2015.
  3. ^ Rehbinder, Berner Commentary, N 9 on Art. 322d
  4. ↑ Staehelin, Zurich Commentary, N 13 on Art. 322d OR