Nejvyšší soud k (ne)vyplacení pohyblivé složky mzdy

The Supreme Court recently addressed the case of a driver whose employer denied him a payment of the variable salary component. According to the collective bargaining agreement, the entitlement to this salary component was conditioned, among other things, on performance criteria and adherence to the employee's work obligations. Although the employee met the performance conditions for the payment of the variable salary component, there was a gross violation of work obligations on his part, as well as a breach of safety regulations and the driver's manual. Due to these violations, the employer decided not to pay the employee the full amount of the variable salary component. The employee turned to the court, seeking the full payment of the variable salary component.

The district court dismissed the lawsuit. However, the appellate court overturned this ruling and ordered the employer to pay the employee the full amount of the variable salary component. The employer disagreed with this conclusion and filed a petition to the Supreme Court. The Supreme Court addressed the key question of whether the entitlement to a variable salary component, calculated based on objectively measurable performance criteria, can also be conditioned on the adherence to the employee's work obligations.

According to the Supreme Court, the entitlement to a variable salary component does not have to depend solely on assumptions and conditions related to the quantity and quality of work. On the contrary, the employer may condition the payment of the reward on the non-violation of legal and other regulations related to the work performed. This conclusion is primarily based on the fact that employers have an interest in ensuring that their employees comply with legal and other regulations pertaining to such work.

The Supreme Court further stated that a reduction in the variable salary component for the period during which the employee violated his obligations is not a monetary penalty imposed by the employer for the employee's breach of obligations. Additionally, the provision in the collective bargaining agreement governing the conditions for reducing the variable salary component does not constitute unlawful deductions from salary or an unacceptable waiver of the employee's right to salary.

In the case under review, it was crucial that the conditions for granting the variable salary component were detailed in the collective bargaining agreement applicable to the employer, including the condition of compliance with legal and other regulations. The employee was thus aware of these conditions in advance, and the employer could decide on the specific amount of the variable salary component in the event of their violation.

In light of the above ruling, employers are advised to review and adjust the conditions for granting the variable salary component, including the condition of compliance with legal and other regulations related to the work performed.

Authors:
Kateřina Suchanová
Matěj Šimpach