The Labour Code contains an open catalogue of grounds for discrimination. This means that only selected grounds are indicated in the Code by way of example, such as sex, age, disability, race, religion, nationality, political beliefs, union membership, ethnicity, faith, sexual orientation, fixed-term employment or employment for indefinite term, on a full-time or part-time basis.

Should this list lack the grounds for discrimination on which we want to rely, this does not mean that they may not be invoked before a court. Less favourable treatment of an employee on the basis of any other criterion not mentioned here may also be regarded as discrimination.

It should be pointed out, however, that the principle of equal treatment of employees, as stated in the Labour Code, does not preclude differentiation in rights and obligations of employees on account of differences arising from their personal characteristics and differences in the performance of their work. The aforementioned principle may only be infringed upon if the diversification of the situation of employees results from application of an unlawful criterion by the employer. A differentiation of the situation of employees does not constitute discrimination when it has been decided on objective grounds.