The Spanish Supreme Court has issued a ruling about variable compensation (bonus). The Court has set out that such compensation must be paid even in the event that the employee is not working for the Company at the moment that such payment is enforceable. This is because, otherwise, the accomplishment of the contract, which sets the variable compensation right of the employee, would depend exclusively on the will of the Company, which is forbidden by the Spanish Law – one cannot permit the accomplishment of an obligation become simply the will of one of the parties.
Spain