Bonus Agreement Template (Gibraltar)

Updated on 13 August 2026

Gibraltar's principal employment statute, the Employment Act 1932 as amended, is styled on British industrial law and incorporates older English statutes addressing unauthorised wage deductions, including the Truck Act 1831. An employer cannot make an unauthorised deduction from wages that takes pay below the statutory minimum except for statutory deductions, and records must clearly show the amount and reason for any deduction.

This template builds a bonus clawback around that consent-based deduction framework, and adds good-leaver terms the widely copied free version omits entirely.

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Bonus Agreement

Date:
Employer:
Employee:
OptionalThe bonus is genuinely discretionary

This bonus is an earned entitlement on the conditions set out in this Agreement.

1. Targets

The targets for are:

2. Payment

Any bonus payable is paid on through payroll, subject to tax.

OptionalPay pro rata on redundancy

If the Employee's employment ends by redundancy, a pro-rata bonus is payable on the normal payment date.

3. Clawback

The Employee agrees in advance, in writing, that the Employer may require repayment within months of payment for gross misconduct or materially inaccurate results, sought by invoice rather than an unauthorised deduction from wages.

4. General

This Agreement is governed by the laws of Gibraltar.

For the Employer

Date:

Employee

Date:

Do not put a clawback into the wage-deduction trap

Deductions beyond statutory ones need the employee's consent, and records must clearly show the amount and reason. This template's clawback is agreed in writing in advance, bounded by a recovery window and defined triggers, with repayment sought by invoice rather than an unexplained deduction.

Write in good-leaver terms

This template keeps the active-employment condition as the default but adds carve-outs for death, incapacity, redundancy and the end of a fixed term, each with pro-rata payment.

Clause-by-clause guide

Nature of the bonus
States whether the bonus is discretionary or an earned entitlement.
Targets and calculation
The performance period and the formula or amount.
Eligibility and leavers
The active-employment condition plus good-leaver carve-outs.
Clawback
Written consent in advance, a bounded recovery window, and repayment on invoice.

Gibraltar compliance checklist

The Employment Act 1932 sets the rules on wage deductions.

  • Get consent before any clawback deduction

    Deductions beyond statutory ones need the employee's consent, and records must clearly show the amount and reason for any deduction.

    Gibraltar employment law overview
  • Keep clear deduction records

    Maintain records showing the amount and reason for any deduction from wages.

How to complete the bonus agreement

  1. Choose the type of bonus. Decide discretionary or earned.
  2. Set the targets and payment date. Add the criteria and payment date.
  3. Choose leaver terms. Switch on good-leaver carve-outs.
  4. Set the clawback. Get written consent in advance and bound the recovery window.

Frequently asked questions

Can a clawback be deducted from my pay in Gibraltar?

Only with consent — deductions beyond statutory ones need the employee's agreement, and records must clearly show the amount and reason.

Can I lose my bonus if I am made redundant first?

Under this template, no — a pro-rata bonus is payable on redundancy.

Is the bonus taxed like my salary?

Yes — a bonus paid to an employee is treated as earnings.

Can the employer change the bonus criteria mid-period?

Not under this template, except by agreement or where an unforeseen event makes a target meaningless.

Does maternity or other family leave affect my bonus?

Under this template, no — qualifying leave counts towards eligibility on the same basis as time worked, and targets are adjusted rather than applied as if the employee had been at work throughout.

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Disclaimer

This template and guide are for general information only. They are not legal advice, and no Gibraltar-qualified lawyer has reviewed or approved them.