Exceptions to the principle of equal treatment in employment
The Labour Code provides also for exceptions to the principle of equal treatment, that is to say, cases where unequal treatment is possible on account of any of the following grounds:
- The principle of equal treatment in employment is not breached by measures proportionate to the achievement of the legitimate aim of differentiating between employees consisting in:
- failure to employ an employee due to one or more causes where the type of work or the conditions in which it is carried out are such that the cause or causes set out in this provision is or are a real and decisive occupational requirement for the employee concerned,
- termination of the employee’s terms and conditions of employment with regard to working time, where this is justified by reasons not relating to the employee, without relying on other cause or causes,
- application of measures which differentiate the legal situation of the employee due to protection of parenthood or disability,
- application of the criterion of seniority in order to determine the terms and conditions of recruitment and dismissal of employees, rules of remuneration and promotion and access to training to improve professional qualifications, which justifies different treatment of employees on the grounds of age.
- It does not constitute a breach of the equal treatment in employment principle if measures are taken, over a certain period of time, to equalise the opportunities of all or a significant number of employees distinguished on one or more grounds, by reducing in favour of such employees the actual inequalities, to the extent specified in this provision.
- Restrictions by churches and other religious associations, as well as organisations whose ethics are based on religion, faith or belief, of the access to employment, on the grounds of religion, faith or belief, where the type or nature of the activities of churches and other religious associations and organisations result in religion, faith or belief being an actual and decisive professional requirement for the employee concerned, proportionate to the achievement of the legitimate aim of differentiating one’s situation, including the requirement for employed persons to act in good faith and with loyalty to the ethics of churches, other religious associations and organisations whose ethics are based on religion, faith or belief, shall not constitute a breach of the equal treatment principle.
Legal basis
Act of 26 June 1974 – Labour Code (Journal of Laws [Dziennik Ustaw] of 2023, item 1465)