Attendance bonus systems as indirect discrimination: A comparative analysis of the Czech Republic and Slovenia

Abstract

Attendance bonus systems present a complex challenge in contemporary employment law, balancing legitimate business interests in workforce reliability against fundamental anti-discrimination principles. This article examines the evolving legal landscape through comparative analysis of two European jurisdictions representing distinct enforcement approaches: the Czech Republic, where administrative authorities identify discriminatory practices despite the absence of binding judicial precedent; and Slovenia, where landmark Supreme Court and Administrative Court decisions have established clear precedents distinguishing business performance bonuses from individual performance bonuses and prohibiting attendance-based reductions to collective rewards. The analysis, grounded in CJEU principles from HK Danmark and the recent Pauni judgment, reveals that both jurisdictions recognise that blanket attendance bonus policies without appropriate accommodations constitute unlawful indirect discrimination, particularly affecting disabled employees, pregnant women, and parents. Furthermore, emerging research demonstrates that attendance bonus systems often encourage dysfunctional presenteeism, undermining the productivity objectives such policies seek to achieve. The article argues that while operational efficiency represents a legitimate business objective, courts and regulatory authorities increasingly require employers to demonstrate that attendance-based reward systems are proportionate, necessary, and cannot be achieved through less discriminatory means.