Can the employer reduce a premium provided for in the collective agreement if the employee does not give sufficient notice of his absence?
When the collective agreement provides for certain bonuses, it may leave it to the employer to precisely define the terms and conditions for their allocation. In this context, can the employer decide that one of the criteria for awarding the bonus corresponds to a minimum notice period for the employee in the event of absence?
Collective agreements: an individual performance bonus paid under conditions
An employee, working in a security company as an airport security operating agent, had seized the prud'hommes.
Among his demands, the employee was requesting a back pay under a Prime Individual Performance Plan (PPI), provided for by the applicable collective agreement. It was the collective agreement for prevention and security companies, which indicates (art. 3-06 of annex VIII):
« An individual performance bonus is paid representing on average half a month of gross base salary per year for an employee with satisfactory performance and present for 1 full year. Its attribution is carried out according to the criteria obligatorily defined by each company before the beginning of each year. These criteria may in particular be: attendance, punctuality, results of internal company tests, results of official service tests, customer-passenger relations, attitude at the station and presentation of clothing (…)
