Performance bonus during illness?


Questioner

I worked from 2017 until last month at a company as a data analyst, 3 days a week. In December 2021 I went on sick leave with a burn-out. On February 28, I reported myself better and was released from work and my service was terminated by means of a settlement agreement. My salary was 1500 gross per month and on top of that I received a 20% performance bonus of 300 euros gross. My performance bonus was no longer paid after reporting sick, nothing was communicated about this, but I learned that I was simply entitled to it, because if I had not been sick I would have been able to meet the performance requirements. Is this correct or is it a gray area? Below are the conditions from my Bonus Scheme addendum: Bonus scheme terms and conditions 1. This version is effective as of November 1, 2021; 2. COMPANY calculates the bonus based on data from the entire previous month. The results are calculated with the employee shared; 3. COMPANY pays the bonus once a month in arrears. The bonus for month 1 is paid in month 2, the bonus for month 2 in month 3, etc. The bonus applies to employees who were employed by COMPANY for the entire month. If they leave in a current month, no bonus is paid; 4. COMPANY is entitled at all times to implement any changes to the bonus scheme or to terminate the underlying bonus scheme with immediate effect and without giving any reason; 5. The bonus scheme for employees can only be adjusted after approval by the Client Team Manager, the HR department and the Finance Director of COMPANY; 6. Any changes to the bonus scheme will always be communicated prior to the month in which the change takes place; 7. If the conditions set out in the contract between COMPANY change, this bonus scheme may lapse; 8. To qualify for the bonus, one must be of good conduct; 9. No pension rights, holiday pay or holiday days are calculated on the basis of the bonus; 10. The bonus is only due if COMPANY has paid; 11. The total amount to be paid includes all employer's charges; 12. The bonus amount will not be shared with the team at their discretion; 13. This bonus scheme will be reviewed quarterly by the management of Customer COMPANY. evaluated for applicability and effectiveness. COMPANY expressly reserves the right to reasonably adjust the terms of this bonus scheme at COMPANY's own discretion, COMPANY-imposed provisions or individual circumstances; 14. This bonus scheme will also expire if there is a transition to another project within COMPANY; 15. No further rights can be derived from this bonus scheme.

Lawyer

The bonus scheme does not include anything about the right to a bonus in the event of illness. If the employee falls ill, he cannot work and therefore cannot deliver the performance to which the right to a bonus will be linked. From this perspective, it would not be strange that the employer has terminated the right to a bonus during illness. However, this bonus scheme is not particularly clear. For example, which 'data' is referred to in Article 2?!

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