Compensation other than severance payments: Overview, definition, and example

What is compensation other than severance payments?

Compensation other than severance payments refers to the various forms of financial or non-financial benefits that an employee or contractor receives as part of their compensation package, excluding severance pay. Severance payments are typically given when an employee is laid off or terminated, but compensation other than severance payments includes regular wages, bonuses, commissions, benefits, stock options, and any other form of remuneration offered during the course of employment. These can be part of the employee's ongoing compensation or rewards tied to performance, tenure, or other specific achievements.

Why is compensation other than severance payments important?

Compensation other than severance payments is important because it makes up the bulk of an employee's earnings and is a key factor in attracting, retaining, and motivating talent within a company. This type of compensation can include base salary, performance-based incentives, health benefits, retirement contributions, and other perks. Offering a competitive and attractive compensation package helps businesses ensure employee satisfaction, improve performance, and maintain employee loyalty. Additionally, clear guidelines on non-severance compensation help prevent disputes about what is owed to employees during their employment.

Understanding compensation other than severance payments through an example

Imagine a sales executive who has a base salary of $50,000 per year. In addition to this base salary, the executive earns a 5% commission on every sale made, receives an annual bonus based on performance, and is provided with health insurance and a retirement plan. These are all forms of compensation other than severance payments because they are part of the employee's regular pay and benefits package, rather than something given when leaving the company.

In another example, a company offers stock options to its employees as a form of long-term incentive. These stock options, along with the employee’s salary and health benefits, represent compensation other than severance payments. If the employee were to leave the company, they would no longer receive these ongoing compensations unless otherwise specified in the agreement.

Example of a compensation other than severance payments clause

Here’s an example of how a compensation other than severance payments clause might appear in a contract:

“The Employee shall receive compensation in the form of a base salary of [Insert amount] per year, plus performance-based bonuses, commissions, and benefits including [healthcare, retirement contributions, stock options, etc.], as outlined in this Agreement. These compensations are provided during the course of employment and do not include severance payments upon termination of employment.”

Conclusion

Compensation other than severance payments is the ongoing financial and non-financial benefits that employees receive throughout their employment. This can include salary, bonuses, commissions, benefits, and incentives that are critical for attracting and retaining talent. By clearly defining the terms of such compensation in contracts, businesses can create transparent and competitive compensation packages, helping to motivate employees and maintain a positive working relationship. Understanding the various forms of compensation is vital for both employers and employees to ensure clarity and fair treatment during employment.


This article contains general legal information and does not contain legal advice. Cobrief is not a law firm or a substitute for an attorney or law firm. The law is complex and changes often. For legal advice, please ask a lawyer.