¿Should the bonus be paid if the employee leaves the company? 

Yes, but not always.

If the company dismisses the employee, it must pay it. Otherwise, the company could avoid paying bonuses by dismissing employees. There is a specific legal article that prohibits this, stating that the law cannot be left to the discretion of the parties (Article 1256 of the Civil Code). And if the employee has not been there the whole year, they are entitled to the proportional amount according to the time worked within the accrual period.

In a recent ruling of the Madrid High Court (12/06/2025), this was confirmed. The company denied the bonus because the agreed target had not been met. The sales target of €450,000 had not been reached because the worker was dismissed, and he claimed the proportional part, which was granted. 

I leave the link here, in case it is of interest.

If the employee takes a leave of absence or resigns voluntarily, things change.

If the bonus has already accrued—that is, if the targets have already been met—then it must also be paid. Remember that bonuses reward the quality and quantity of work. If it were not paid, it would breach the employee’s right to remuneration and unjustly enrich the company. But if the targets have not been reached and the employee resigns, the conditions for the variable pay have not been met, and they are not entitled to it.

The issue arises when the agreement sets one period for accrual and another for payment. Clauses requiring the employee to still be employed once the bonus has already accrued are null. Basically, if the employee is already entitled to the bonus because sales or margin or whatever target has been reached, they cannot be required to remain employed in order to be paid.

This means that some “golden cuffs” or “deferred bonuses” would not be lawful under Spanish legislation—unless they are framed within a compensation plan that clearly establishes continued employment as a condition for accrual. And it would not hurt to justify how that permanence benefits the company, avoiding interpretations that could restrict the employee’s right to change employers.

A ruling by the Supreme Court (5/4/2022), reminded the doctrine established. It annulled the condition of being registered with Social Security in order to collect the bonus accrued during the previous year. Here is the link.