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13th Month Salary vs. Bonus in Switzerland: Rights & Entitlements

In Swiss employment law, a 13th-month salary and a performance bonus (gratification) are governed by fundamentally different legal principles. A 13th-month salary is an enforceable contractual entitlement, whereas bonuses are often discretionary unless contractual conditions are met.

3 min read Updated: October 2026 Reviewed by the editorial team SECO / RAV aligned

13th Month Salary: Fixed Wage Component (Art. 322d CO)#

Where stipulated in employment contracts or collective bargaining agreements (GAV), the 13th-month salary represents an integral part of agreed annual compensation. Upon mid-year departure, pro-rata payment is mandatory by federal law.

Gratification and Discretionary Bonuses#

A gratification (bonus) is a special allowance granted at the employer's discretion. Employers may lawfully withhold discretionary bonuses if the employment contract is under active notice of termination.

When Discretionary Bonuses Become Legally Binding#

The Swiss Federal Supreme Court holds that regular bonus payments across three consecutive years without written disclaimer establish an implied contractual obligation (Akzessorietätsprinzip).

Target-Based Incentive Compensation (MBO)#

Where bonuses are tied to objective, quantifiable performance metrics, they represent variable salary rather than pure gratification, obligating full payout upon target attainment.

Reviewing the Final Termination Settlement#

Carefully verify your exit payroll settlement to ensure the 13th-month salary is accurately credited on a pro-rata temporis basis up to your official contractual end date.

Worked example: 13th-month salary when joining or leaving during the year#

The 13th-month salary is one twelfth of the annual salary per month. Whoever joins or leaves during the year receives it pro rata – provided the contract does not provide otherwise:

Example: monthly salary of CHF 6 000, full 13th-month salary of CHF 6 000
SituationShareAmount
Joining 1 July, leaving 31 December6 of 12 monthsCHF 3 000
Joining 1 January, leaving 30 September9 of 12 monthsCHF 4 500
Leaving 31 October, with a pro-rating clause for departure during the yearPermissible only with express agreementCheck the regulations

Pro-rating on departure during the year is widespread but effective only if it is provided for in the contract and stays within permissible limits. If no such clause exists, the entitlement is owed pro rata.

Bonus and termination: when a voluntary payment becomes an entitlement#

A bonus is a voluntary special payment – until it is no longer one. The practice of the Swiss courts is quite clear on this point:

  • Three years without reservation. If the bonus is paid without reservation and at a similar level for at least three years, it can become enforceable despite a voluntary-payment formula.
  • Annual reservation. The reservation must be made annually and expressly – if it appears only in a template from 2019, it has no effect.
  • Termination. If you terminate the employment relationship before the payment date, the bonus is often owed pro rata – unless the contract contains a permissible pro-rating clause.

Negative consequence: the reverse case occurs as well. Whoever has received a bonus for years with a reservation cannot later simply argue that it has become a fixed salary component.

CVStart editorial teamresponsible: Serdar Orhan

The CVStart.ch editorial team is responsible for the guide content on applications, Swiss employment law and pay. The articles are based on statute (CO/OR, ArG, AVIG, BVG), FSO data and feedback from real application practice. Responsible for content and review: Serdar Orhan.

About the editorial team →

Frequently asked questions

Is a 13th-month salary mandatory by law in Switzerland?
No, there is no statutory mandate; it must be expressly stipulated in the employment contract or GAV.
Can an employer cancel the 13th salary during economic losses?
No, contractual salary components cannot be unilaterally waived or reduced by employers.
Are you entitled to a bonus when leaving the company?
Discretionary bonuses may be forfeited under valid employment retention clauses, whereas objective variable pay is paid pro rata.
When is the 13th-month pay disbursed?
Typically with November or December payroll, or split semi-annually in June and December.
Do social security deductions apply to bonuses?
Yes, 13th-month salaries, bonuses, and gratifications are subject to full AHV, ALV, and pension (BVG) contributions.
How high is the entitlement on departure during the current year?
Pro rata according to the months worked, provided the contract contains no permissible pro-rating clause. Leaving in October gives a pro-rata amount of CHF 4 500 on a full 13th-month salary of CHF 6 000.
Is the 13th-month salary included in the calculation of daily allowances?
Yes, the 13th-month salary is salary and flows into the calculation of the insured earnings. It is also subject to AHV contributions.

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