In a landmark decision, the Slovenian Supreme Court has ruled that it is not justifiable to cut an employee's Christmas bonus just because they were on sick leave, setting a precedent that will affect thousands of employees.

The court deliberated on a case of a woman who claimed her employee cut her Christmas bonus for 2020 and 2021 because she was on sick leave.

This was in line with the company's remuneration rules.

But in a decision issued on 4 October, the court made a distinction between two different bonuses.

One is the Christmas bonus that all employees usually receive at the end of the year, the other is a merit bonus that is determined based on individual performance.

"The Christmas bonus constitutes a system of collective remuneration, as a rule, for all employees of an employer, rather than an individual employee's contribution to the company's performance," the court wrote.

The Employment Relationships Act, the main labour law, does not say an employer is obligated to pay a Christmas bonus, but it does prohibit discrimination.

This means that if the employer decides on a payout, it must ensure equal treatment of all employees, regardless of their personal circumstances.

This issue has been raised several times in recent years by the Equality Ombudsman's Office, which has identified more than a dozen similar cases of discrimination on the grounds of parenthood, pregnancy and health status.

Equality Ombudsman Miha Lobnik welcomed the court decision as a landmark.

"It gives all courts, the inspectorate and the Equality Ombudsman clear instructions on how to act in similar cases. And it gives companies guidance on how to act when they decide to share profit with the workers," he said.