Labour law

The Labour Code (The Journal of Laws 1998, No. 21, item 94, as amended) deems as inadmissible any discrimination, direct or indirect, in employment, especially on account of sex, racial or ethnic origin, or religion (article 18 3a).

Behaviour resulting in the infringement on the dignity, or insult or humiliation of an employee and behaviour of a sexual character (sexual harassment) are prohibited (article 18 3a § 6).

The Labour Code states that the principle of equal treatment of men and women is violated if the employer differentiates the employee’s situation on the basis of one or more reasons resulting in, among other things, the refusal of the entry or the dissolution of the work contract, or disadvantageous remuneration for work or other employment conditions, or deprivation of promotion or other benefits connected with work unless the employer is able to prove to have some objective reasons (article 18 3b § 1).

Violation of the principle of equal treatment by the employer, i. e. the refusal to the entry of the employee for one or more above-mentioned reasons, is prohibited unless they are justified by the kind of work, work conditions or professional qualifications, the use of means differetiating the employee’s legal situation on the grounds of the protection of the parenthood, age or disability of the employee (article 18 3b § 2). The principle of equal treatment is not violated either in the case of positive discrimination (article 18 3b § 3).

Differentiation in treatment of the employees based on religion does not amount to violation of the principle of equal treatment in employment if the employee’s religion or belief constitutes a significant and justified occupational requirement in relation to type and character of the activity within the church or other religious associations, as well as organizations whose activities are directly related to religion or belief (article 18 3b § 4).

Employees have the right to equal remuneration for the same job or a job of equal value (article 18 3c § 1). Jobs of equal value are jobs whose execution requires from the employees comparable professional qualifications as well as comparable responsibility and effort (article 18 3c § 3).

If the employer has violated the principle of equal treatment, the employee may claim compensation not lower than the minimum remuneration for work (article 18 3d). The Labour Code prohibits renunciation and dissolution of an employment contract as a result of the employee having used his rights to defend against unequal treatment (article 18 3e).

Moreover, in line with the Provision on the promotion of employment and institutions of the labour market (The Journal of Laws 2004, No. 99, item 1001) it is prohibited to provide discriminating requirements by the employer for a vacant job position. Therefore, employers cannot include requirements discriminating against candidates on acount of sex, racial or ethnic origin, nationality or religious belief (article 36 § 5).