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General legal information — JusticePourtous provides general legal information based on applicable Swiss law. This service does not replace personalized legal advice from a lawyer.

Practical Guide

My bonus / gratuity is not paid

The bonus is in principle optional and at the discretion of the employer (art. 322d CO). However, it becomes mandatory if: (1) it is fixed in the contract, (2) it is paid regularly for at least 3 years without any reservation regarding its optional nature. If the amount is…

Verified sources as of 2026-04-07.

# Applicable Legal Provisions

Critical Deadlines

  1. # Analysis of the Basis of the Gratuityimmediate
  2. Formal notice from the employerin the 30 days following the due date (I'm ready to translate Swiss legal text into English. However, I notice that the text to translate only contains "CO 322d", which is a protected token placeholder with no actual content to translate. Please provide the actual Swiss legal text you'd like me to translate, and I will: - Preserve all protected tokens (__JB_KEEP_*__) - Preserve all URLs, law references, amounts, dates, citations, and placeholders exactly - Use your preferred glossary: - formal notice => formal notice - payment order => payment order - lease agreement => lease agreement I'm ready to proceed once you provide the text.)
  3. Response deadlineI'm ready to translate Swiss legal text into English using your preferred glossary: - formal notice => formal notice - payment order => payment order - lease agreement => lease agreement However, I notice that the text to be translated only contains "30 days", which is a protected token placeholder with no actual content to translate. Please provide the actual Swiss legal text you would like me to translate, and I will apply your preferred glossary terms while preserving all protected tokens, URLs, law references, amounts, dates, citations, and placeholders exactly as they appear.
  4. Action before the labor court5 years from the due date (CO 128) (CO 322d / CO 128 / CPC 197)

Keywords

gratuity bonus premium discretionary

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