Slovenia – Are your business performance bonuses discriminatory?

A November 2020 judgment of the Slovenian Administrative Court, confirming a previous decision of the Advocate of the Principle of Equality, ruled that the widespread practice of tying the amounts of business performance bonuses to employees’ presence at work is discriminatory.

The reasoning of the Advocate stems from the Protection Against Discrimination Act, which prohibits direct and indirect discrimination based on any personal circumstance and in relation to all social areas, including employment. According to this reasoning, the criteria for eligibility for a business performance bonus which result in proportionally lower payments to employees who may be justifiably absent from work are discriminatory.