Clinical pathway payments must be included in gross remuneration when calculating compensation under Article 222(3) of the Labour Code. This applies where the amounts were paid for work performed during the last fully worked month before termination of employment.
These payments constitute remuneration above the basic salary, determined under an output-based pay system, pursuant to Article 17(1)(2) of the Ordinance on the Structure and Organisation of Wages. Employer rules excluding clinical pathway payments from the compensation basis are inapplicable.
What does this mean for employees and employers?
- On retirement, all additional remuneration, including clinical pathway payments, is included in the compensation basis.
- The employer cannot exclude these amounts through internal rules.
- Employees may claim the difference in court if their compensation was calculated incorrectly.
