{"id":30154,"date":"2025-07-09T10:12:16","date_gmt":"2025-07-09T10:12:16","guid":{"rendered":"https:\/\/thelegalcompany.nl\/?p=30154"},"modified":"2026-09-02T16:10:45","modified_gmt":"2026-09-02T16:10:45","slug":"employee-no-longer-employed-bonus-still-payable","status":"publish","type":"post","link":"https:\/\/thelegalcompany.nl\/en\/employee-no-longer-employed-bonus-still-payable\/","title":{"rendered":"Employee no longer employed, bonus still payable?!"},"content":{"rendered":"

In a recent ruling, a former employee was still awarded a bonus, even though he was no longer employed by the time it was due to be paid out.[1]<\/a> An important signal for employers: if you pay out bonuses, make sure the conditions are clear and known in advance.<\/p>\n

What happened?<\/strong><\/h4>\n

An employee had given notice of termination of his employment contract on 29 May 2024, effective 1 July 2024. During a staff meeting on 3 June 2024, the CEO announced that all employees would receive a bonus of one month’s salary as thanks for their contribution to a successful transaction. Payment would follow completion of that transaction, presumably in August. The employee, who left the company in July, did not receive this bonus and took the matter to court.<\/p>\n

What did the court decide?<\/strong><\/h4>\n

The subdistrict court ruled in favour of the employee. According to the court, the bonus announcement was a clear, unconditional commitment. The employer had not mentioned any concrete conditions, such as the requirement that the employee still be employed at the time of payment. Nor did the announcement refer to a staff handbook or other scheme setting out such conditions.<\/p>\n

The court held that the bonus commitment was intended as recognition for services rendered, including in the past, and that the employee was justified in relying on this commitment. The court further noted that the conditions the employer cited afterwards were insufficiently clear and concrete. The employer was therefore ordered to pay the bonus (\u20ac5,970.91 gross), statutory interest, collection costs, and to provide a correct payslip.<\/p>\n

What can employers learn from this?<\/strong><\/h4>\n

This ruling shows that a well-intentioned announcement can quickly be regarded as a binding commitment. Do you want to attach conditions to a bonus (such as still being employed at the time of payment)? Then make sure you:<\/p>\n