DLP Insights

Prohibition of unilateral withdrawal from a bonus agreement (Cass. November 22nd, 2010, no. 23614)

Catégories: DLP Insights, Case Law

03 Déc 2010
Court of Cassation states that the employer who enters into an agreement according to which the employees are entitled to a bonus, may not withdrawal one-sidedness from it. Indeed, the principle which establishes that, normally, obligations may not be permanent, is valid for obligations in charge of a sole party and not for those ones which, during a continuing employment relationship, are also in charge of another party. Therefore, disbursements of the employer are due for employees’ performances and include every amount paid to them with constant and continuing manner. Consequently, unilateral withdrawal represents a way of total or partial contractual non-fulfilment.    

Autres insights