Facts
The public limited company M. terminated the employment contract with M. as of January 31, 1976. M. asserted various claims against his former employer, including a share of the bonus which he considers to be due to him pro rata temporis for the month of January 1976.
The Federal Tribunal upheld this claim.
Considerations
According to Art. 322d para. 2 CO, "in the event of termination of the employment relationship before the occasion giving rise to the special remuneration, the employee is only entitled to a proportionate share of this remuneration if it has been so agreed".
However, the Federal Tribunal considers that the "bonus" in question has all the characteristics of an element of the salary and must therefore be treated as such. As consideration for the work performed, it must be…