13th salary vs bonus in Switzerland: what is owed when you leave

Updated · 2 sources

Direct answer

A 13th month salary is fixed pay paid in instalments: it is owed pro rata for every month worked, including when you resign mid-year. A bonus (Gratifikation) is a voluntary special payment that is only owed if contractually promised, and a discretionary bonus is generally not owed pro rata on exit. Both are fully subject to AHV/IV/EO and ALV contributions.

Key facts

  • 13th salary: 1/12 of annual pay per month worked, owed pro rata on exit (it is deferred salary, not a gift)
  • Bonus/Gratifikation: owed only as agreed; a truly discretionary bonus can be reduced or dropped, within equal-treatment limits
  • Trap: a 'discretionary' bonus paid unconditionally for years can become a owed salary component in case law
  • Compare offers on annual gross: CHF 8,000 × 13 = CHF 104,000 = CHF 8,667 × 12

Side by side

13th salaryBonus (Gratifikation)
Legal natureFixed salary component (CO Art. 322d)Special voluntary payment unless promised by contract
Leaving mid-yearPro rata owed, alwaysOnly if pro rata payment was agreed
Can employer cut it?No, it is owed payYes if genuinely discretionary and applied consistently
Social insuranceAHV/ALV/BVG liableAlso AHV/ALV liable

How to compare two job offers

Convert everything to annual gross first, then look at what is guaranteed. CHF 8,500 × 13 with no bonus (CHF 110,500 guaranteed) beats CHF 8,800 × 12 plus a 'target bonus of 10%' (CHF 105,600 guaranteed) unless the bonus has been paid in full for years to everyone, in which case ask whether it is written as a fixed amount or a formula in the contract or bonus plan.

Two questions settle most disputes before they happen: is the 13th paid monthly (1/12 on top) or as a lump sum in November or December, and does the bonus plan state a pro-rata rule for joiners and leavers? If the contract is silent on a promised bonus, courts look at what was agreed and practised; silence around a discretionary bonus usually means no pro-rata claim.

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FAQ

Do I get my 13th salary if I resign in June?
Yes. The 13th salary is deferred fixed pay, so you receive 6/12 of a monthly salary with your final pay, regardless of who terminated the contract.
Is a bonus owed pro rata when I leave?
Only if the contract or bonus plan promises pro-rata payment. A genuinely discretionary Gratifikation is not owed for a partial year; a bonus defined as a fixed amount or formula is treated more like salary.
Is the 13th salary taxed and AHV-liable?
Yes, exactly like regular salary: AHV/IV/EO, ALV, BVG where insured, and income or withholding tax all apply. It is not a tax-free benefit.
My employer calls the 13th a 'bonus'. Does the label matter?
What matters is the substance, not the label: a fixed, unconditional payment of one month's salary per year is a 13th salary with pro-rata entitlement even if the contract calls it a bonus.

Related guides

Sources

  1. Swiss Code of Obligations Art. 322d (bonus / 13th salary)
  2. SECO — Salary and the 13th month