Bonus not paid because no targets were agreed?
Variable pay sounds good, until the bonus fails to arrive because supposedly no targets were met that were never properly agreed. Here you often have more rights than you think.
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What you should do now
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1. Check the rule
How is the bonus regulated: target agreement, target specification or discretion?
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2. Document the omission
Were no targets agreed at all, even though it was provided for? Record that.
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3. Quantify the claim
Estimate the lost bonus (based on 100 % target achievement if applicable).
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4. Demand in writing
Demand the bonus or damages in writing with a deadline (observe cut-off periods).
Frequently asked questions
Do I get the bonus if no targets were agreed?
Often yes, as damages. If the employer culpably failed to offer you a target agreement in good time, you may, according to the case law of the BAG, be entitled to damages equal to the lost bonus, often calculated on the basis of 100 percent target achievement. The condition is that the agreement of targets was actually provided for.
Can the employer simply set the targets?
If the contract provides for a unilateral target specification, yes, but it must correspond to reasonable discretion, that is, be achievable and fair. Impossible or arbitrary targets are not binding. If, on the other hand, a joint target agreement was provided for and did not happen, a claim for damages comes into consideration.
Take action now
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General information for self-help, not legal advice (RDG). In case of a high loss or uncertainty: contact a consumer advice center or a lawyer.