employee contract and bonus issue

Christinatina

Registered User
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I have the following problem:

10 months ago I started working for a huge medical device company lets name it XXY in Dublin. I signed a contract which contained the term that in case I am not working for XXY for at least 12 months I will have to refund the bonus which is paid quarterly.

This company was bought by another company a month upon I started working for XXY. I nether received a new contract, but had to adjust my working hours up to 39hours per week without written contract.

The whole situation within the company was chaotic and not great for me and they extended my probation time up to the maximum of 11 months.

After the 10 months the situation did not really change and they told me that I have to leave the company after my probation period, this will be at the end of May.

Hope I explaint the situation well.

My question now is:

Do I have to refund the bonus, at the end of May, allthough the term in my employee contract says that I have to work 12 months within XXY?

Thank you very much in advance for your answers.
 
Last edited:
On the basis that they are terminating your contract I think that the clawback clause would not be envoked.

But in the absence of the specific wording it’s umpossible to tell.
 
Thank you very much for your answers.

In my contractor says the following:

XXY operates an annual incentive plan that is designed to motivate employees to achieve the company's goals by providing the opportunity for incentive compensation in addition to base pay. A fixed incentive for your first two quarters upon the successful completion of your training objectives. This incentive will be pro-rated according to your start date in the quarter. Please note that should you leave XXY within 12 months of your start date this amount will be relatable.

Thank you in advance for your help
 
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