Equal treatment in the employment relationship
Equal treatment is guaranteed throughout the employment relationship:
- with regard to the establishment of an employment relationship,
- its duration (including terms and conditions of employment, promotion, access to training in order to increase professional qualifications),
- within the scope of termination of the employment relationship.
Equal treatment in employment means lack of discrimination in any manner, direct or indirect, for any reason. Any action consisting in encouraging another person to infringe the principle of equal treatment in employment or ordering a breach of that principle also constitutes discrimination. It also includes harassment and sexual harassment. The definitions of these actions which constitute discrimination are included in the provisions of the Labour Code.
Infringement of the principle of equal treatment in employment is considered to be differentiation of the employee’s situation by the employer on one or more grounds, the effect of which is, in particular:
- a refusal to enter into or termination an employment relationship,
- establishing unfavourable remuneration conditions or other conditions of employment or passing employees over when giving promotions or awarding other work-related benefits,
- passing employees over when selecting participants for training courses aimed at improving professional qualifications
- unless the employer proves that he or she was motivated by objective reasons.
Legal basis
Act of 26 June 1974 – Labour Code (Journal of Laws [Dziennik Ustaw] of 2023, item 1465)