Federal Supreme Court Cassation Bench Decision, File No. 233331: Is Bonus a Demandable Right of a Worker?
The Federal Supreme Court Cassation Bench rendered a decision on the 30th of January 2023 under Case No. 233331 on the modalities of paying bonuses to resigned workers. This is a complimentary decision to previous cassation bench decisions under Case No. 277158, 20869, and 101825.
These precedent-setting cases, when read cumulatively, provide that a bonus is not a demandable right if there is no internal manual guiding the payment of a bonus. Moreover, a worker who resigned before the date of payment of the bonus is not entitled to bonus pay if the internal manual explicitly states the same.
The Cassation Bench went on to define “Bonus” as an extra amount of money given as a reward to employees by reason of satisfactory work performance in the past [to benefit workers responsible for the success of the employer] – or – it’s a form of encouragement for future performances [to increase employee morale and motivate workers to reach goals.]
Therefore, a bonus is a discretionary payment by the employer that cannot be demanded by the worker unless there is an internal manual (regulation) declaring it as the worker’s right.
Disclaimer: The views and opinions expressed do not reflect the official policy or position of DABLO. The writing is not intended to be, and should not be used as, a substitute for taking legal advice in any specific situation.
