The Federal Labour Court has recently clarified its position regarding the drafting of standard employment contracts for voluntary benefits.

The court confirmed that clauses preventing employees from making claims for so-called core remuneration (part of the remuneration paid in consideration of the employee’s services) are void. However, for benefits that are not paid in direct consideration of the employee’s services (ie stock options and benefits paid in consideration of the company’s performance only and not linked to past individual performance), it is possible to provide that these benefits are only paid on a voluntary basis, with no possibility for the employee to make any claim.