📋 Tender Overview
Due to the different court practices of two higher courts - the administrative court and the higher labor and social court - the Supreme Court considered an individual labor dispute and decided on the content of the inadmissibility of unequal treatment of employees when paying out a reward for business performance or Christmas bonus in case of absence from work due to illness.
The Supreme Court made a decision in a case where the plaintiff requested from her former employer the difference in the business performance payment for the years 2020 and 2021. When calculating these payments, the employer took into account the periods when the plaintiff was absent due to illness, which meant that the amounts business performance reduced accordingly, in accordance with periods of sick leave. Such a method of calculation was determined in the criteria of the enterprise collective agreement.
In its decision, the Supreme Court emphasized the special nature of business performance payments. Unlike pay for performance, which is based on the economy, quality and volume of work performed, pay for business performance is linked to the performance of the business as a whole. This performance depends on many factors and not only on the quality or volume of work of individual employees.
The Labor Relations Act does not impose on employers the obligation to pay business performance, nor does it specify the minimum amount of these payments, the court emphasized that employers must respect the prohibition of discrimination (Article 6 ZDR-1). Namely, the law requires that the employer, when paying out business performance, ensures equal treatment of all employees, regardless of their personal circumstances, such as health.
