Absencje chorobowe i premie a zasada równego wynagradzania kobiet i mężczyzn

Abstract

Labour law provisions provide employers with a far reaching autonomy in constructing pay systems, including additional remuneration components, such as bonuses and rewards. In consequence, it is possible to not to grant the bonuses or to lower their amount in case of employee’s absence at work due to an illness. Such mechanisms aim to facilitate the management of sick leaves that often generate additional costs for employers. However, additional bonuses should not be reduced or not granted if the employee is absent from work due to an illness occuring during her pregnancy or during the care allowance to take care of a child or other sick family member. This would lead to a pay discrimination of women and to lowering the level of protection of pregnant women provided by Polish labour law.