In business practice, the terms "reward" and "bonus" are sometimes used interchangeably, leading to confusion for both employers and employees. However, distinguishing them correctly is of significant legal importance, especially in the context of employee claims.
Legal nature of the award
The award is entirely discretionary. This means that its granting depends solely on the employer's discretion. The employee generally has no right to demand it.
Only when the employer decides to award the bonus does the employee have a claim for payment. However, prior to this, there is no legal basis for pursuing this benefit.
Bonus
A bonus is different from a reward. It is a component of remuneration for work that an employee can claim, provided the rules for granting it are defined in a specific and verifiable manner – for example, in the remuneration policy or employment contract.
If the employer has established clear criteria for awarding a bonus (e.g., achieving specific sales results, lack of absenteeism, or completing specific tasks) and the employee meets them, the employee is entitled to receive the benefit. In such a situation, the bonus is not discretionary in nature; it becomes a due benefit.
It is worth remembering that claims arising from an employment relationship – including claims for bonus payment – are subject to a limitation period of 3 years.
The name of the benefit and its actual nature
In practice, the term "discretionary bonus" is often encountered. From a labor law perspective, however, it is problematic, even internally contradictory. Whether a given benefit is a reward or a bonus is determined not by its name, but by the way in which the conditions for granting it are structured.
If the regulations provide for specific and verifiable conditions for receiving a benefit, then even if it is called a "reward" or "discretionary bonus", it will in fact be a bonus to which the employee becomes entitled after meeting certain conditions.
In turn, the lack of precise criteria or their excessive generality indicates the discretionary nature of the benefit, and therefore a reward.
The importance of properly drafting regulations
From an employer's perspective, it's crucial to properly draft remuneration policies. Imprecise provisions can lead to unintended employee claims and litigation.
Graś i Wspólnicy Law Firm offers comprehensive support in the field of labor law, in particular:
- verification of applicable documents (remuneration regulations, employment contracts, bonus policies),
- developing and implementing new solutions tailored to the specific nature of the employer's business.
If you have any doubts about the solutions used or are planning to change them, please contact us – we will help you organize your documentation and reduce legal risks.
This article is for informational purposes only and does not constitute legal advice.
The law is current as of April 17, 2026 .
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