In order to motivate employees, most companies grant different kinds of bonuses in addition to the basic monthly payments and as a reward for quality work, attendance, seniority or other commendable services. As the holiday season approaches, your employer used to pay you the same bonus. Suddenly, nothing. Use a model letter among those I suggest to call for a return to normal.
The different types of bonuses
In the professional field, there are different types of bonuses. There are the customary premiums, which are already provided for in the employment contract. Then the collective agreement or collective agreements. As well as voluntary bonuses which, on the other hand, are freely offered by the employer. Whatever the nature of its premiums, they depend on a set of specific laws and regulations.
Usual or mandatory premiums
User premiums are generally linked to the activity of the company. It is a kind of compulsory bonus for employees. Linked to their seniority, but also to the nature of their activity and then to their level of performance. The employer has a duty to pay these bonuses, whether individually or collectively. And this according to the conditions specified precisely in the employment contract, the collective agreement or other official texts. Even when initially this type of bonus was decided following a unilateral commitment by the employer.
It is generally:
- Seniority bonuses
- Performance bonuses
- Risk premiums
- Vacation bonuses
- End of year bonuses
- Bonuses based on objectives or results
- Balance sheet bonuses
- From a 13th month
- Attendance bonuses
- Incentive bonuses.
These premiums are defined according to an invariable method of calculation and formulated in the official texts. They constitute additional compensation provided for all employees. As part of the salary components in their own right, these bonuses will be subject to social contributions and income tax.
It is also possible to receive specific premiums (marriage, birth, PACS), transport premiums or meal premiums.
“Volunteer” bonuses
The so-called “voluntary”, one-off or exceptional bonuses are bonuses which are not compulsory. The employer pays them freely and at its discretion. These types of bonuses can be:
- An end-of-year bonus, a kind of remuneration whose method of calculation is set by the employer in the employment contract or collective agreement;
- An exceptional bonus or a single event bonus, an additional sum to the salary paid by the employer if the employee has fulfilled all the criteria involved;
- A non-accident premium;
- A bonus granted "according to the work accomplished"
On the other hand, these so-called “voluntary” bonuses are compulsory and become part of the salary, when their use is:
- General, the amount is paid to all employees or constantly to the same department,
- Constant, paid over several years,
- regular and fixed payment of an identical amount.
How can I request payment of a premium?
A bonus is part of the salary. Due to an oversight or an error on the part of the manager, a refusal from the employer, the non-payment of this benefit is considered as a serious fault on the part of your company.
You have 3 years to make a complaint. In the event of termination of your contract, a former employee can request premiums not paid for the last three years before leaving the company in accordance with Article L.3245-1 of the Labor Code.
If your employer has not paid you one or more premium amounts. Request them orally to begin with. Then in the absence of results, send a registered letter with acknowledgment of receipt. If the employer does not grant you the amounts he owes you. You have the possibility to refer the matter to the Prud'hommes Council.
The same procedure is to be taken for the payment of one or more “voluntary” premiums not paid by the employer. The employee can therefore initiate his action by a simple oral request, then by sending a registered letter with acknowledgment of receipt. In the event of the employer's refusal, it is possible to initiate an action with the Labor Council. On the other hand, the Court of Cassation specifies, Social Chamber April 1, 1981, n ° 79-41424, the employee must to justify the regularity of the premium before this competent court.
As proof, he must reveal:
- The regularity of the payment of the premium for several years,
- Payment of the bonus to all employees or a group of employees, for example from the same department
- Payment of the same amount every year.
Here are some sample letters to claim a usage bonus, which you can easily adapt to other types of gratuity.
First letter example
Julien dupont
75 bis rue de la grande porte
75020 Paris
Phone: +06 66 66 66
julien.dupont@xxxx.comDear,
Function
Address
ZIP codeIn [City], on [Date]
Registered letter with acknowledgment of receipt
Subject: Request for payment of the end-of-year bonus
Sir,
In accordance with my employment contract, the company normally pays me an end-of-year bonus every December. I hereby inform you that it is not mentioned in my payslip, unless I am mistaken, this year.
Having worked in the company for [number] years, this is the first time that I have not received my bonus. After checking with my colleagues, it becomes clear that most employees have the same problem. So I came to the conclusion that we were not in the case of a simple error concerning me.
The payment of this bonus is however regular, fixed, and carried out for all employees. This gratuity has therefore become compulsory as stipulated by law.
Insofar as the necessary steps to break this custom have not been taken, I would be grateful if you could arrange for the payment of my end-of-year bonus.
Pending a favorable response from you for this rectification, please accept my best regards.
Signature
Second letter example
Julien dupont
75 bis rue de la grande porte
75020 Paris
Phone: +06 66 66 66
julien.dupont@xxxx.comDear,
Function
Address
ZIP codeIn [City], on [Date]
Registered letter with acknowledgment of receipt
Subject: Request for payment of a performance bonus
Sir,
Since my beginnings in our company, as a [function] since [date], my employment contract mentions my right to a performance bonus based on my efficiency and productivity.
Since my integration into your team, you regularly pay me this bonus at the end of each year.
This premium has therefore acquired, through its regular and repeated use, a mandatory character.
Although I was able to achieve better results this year compared to the last, I noticed in my last payslip that you did not pay me. Thank you for explaining to me the reason for the non-payment of my gratuity, if it is justified.
Otherwise I expect a quick regularization, and please accept, Sir, my most distinguished greetings.
Signature
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