Introduction
A performance bonus, an extra day of leave or temporary use of a leased car: these are all examples of "perks" that an employer can grant to an employee. But what if such a perk is repeated year after year? Does it then become part of your terms and conditions of employment? And can your employer then stop it just like that? In this blog you can read when an occasional benefit turns into a permanent right.
Temporary benefit or structural entitlement?
Many employers occasionally give their employees something extra: a bonus for a good year, an extra day off around the holidays, or a temporary allowance due to special efforts. That is, of course, nice appreciation. But if you receive that benefit not once, but structurally, it can become more than a perk from an employment law perspective: it may then have become a condition of employment.
This difference is important. An incidental benefit can usually be adjusted or terminated by the employer without consultation. A condition of employment, on the other hand, may not simply be withdrawn.
When is it a condition of employment?
Case law looks at a number of factors to determine whether a temporary benefit has "grown" into a condition of employment:
- Frequency and constancy: for example, if you have been receiving an end-of-year bonus for five years in a row, then you can reasonably expect it to continue.
- Trust and expectation: if the benefit is tacitly granted for many years, without emphasizing once-and-for-all each time, it can lead to the justified trust that it is permanent.
- Context and explanation: if it is explicitly stated that the benefit is temporary or linked to special circumstances (such as a coronary year or exceptional workload), this signals that it is not a permanent condition of employment.
Bonus as an example, but there is more
A bonus is a classic example of a benefit that can turn into a condition of employment, but the same is true of other arrangements. Consider:
- fixed expense allowances;
- (structural) unpaid leave;
- the use of a leased car;
- lunch allowances or home office allowances.
If you receive these provisions on a structural basis, and they are not explicitly labeled as temporary, your employer cannot simply withdraw them. If he does, you can object, and possibly even claim restoration or compensation.
Conclusion
What starts as a token of appreciation can grow over time into a legal condition of employment. Have you been receiving a bonus or other benefit for several years in a row? If so, chances are that this is no longer a "one-time bonus. It pays to check what has been agreed on this in your employment contract, personnel regulations or previous communications. If in doubt, it is advisable to seek legal advice.
This blog was written by mr. Stijn Blom, employment lawyer at Arbeidsadvocaat.nl B.V. Stijn has extensive experience in employment law and supports entrepreneurs and employees on a daily basis with a variety of employment law issues. From dismissal cases to drafting watertight contracts and regulations - with his practical and personal approach, he helps employers and employees move forward. Want to know more? Visit Stijn's page.
Arbeidsadvocaat.nl is happy to think with you if you have questions about bonuses. Please feel free to contact us .
April 2025
