Facts
Employee [A.] filed a lawsuit against employer [B. AG] for payment of an additional bonus for the years 2004 and 2005. The High Court of the Canton of Zug ordered the employer to pay the employee a pro-rata bonus for the year 2005, but dismissed the rest of the claim. The employee appealed against this judgment to the Federal Supreme Court.Considerations
The Federal Supreme Court dismissed the appeal. It concluded that the bonus, according to the employment contract, is to be qualified as a gratuity and not as a salary component. Therefore, the agreement that no pro-rata bonus is to be paid if the employee is released from work by the…