Facts
The case concerns a complainant who is challenging the decision of the lower court, according to which the Performance Incentive Plan (PIP) shares granted by his employer, Bank X. AG, are to be qualified as a voluntary gratuity and not as part of the salary. The complainant had an annual income of over 2 million Swiss francs, consisting of a fixed salary and a variable bonus component.
Considerations
The Federal Supreme Court states that for a very high income, which exceeds the subsistence minimum of the employee many times over, the ratio between the bonus and the fixed salary is no longer decisive for the qualification as a gratuity or part of the salary. The social protection rationale behind the case law on the accessoriness of gratuities loses its significance in such cases.
Accordingly, the lower court correctly qualified the PIP shares as a voluntary gratuity pursuant to Art. 322d CO, as the complainant received a very high annual income of over 2 million Swiss…