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Protection of an employee exercising their rights resulting from a breach of labour regulations, including the principle of equal treatment in employment

The exercise by an employee of their rights under labour regulations, including the principle of equal treatment in employment, cannot be the basis for any unfavourable treatment of the employee, nor can it cause any negative consequences for the employee, in particular it cannot constitute a reason justifying termination of the employment relationship or its termination without notice by the employer. The phrase ‘exercise of rights’ may not be equated only with an employee making a claim against an employer. There is no doubt that this phrase indeed also includes an employee’s activity that leads to confirmation of their existence.

Similar protection also applies to an employee who provided, in whatever form, assistance to the employee who is exercising their rights as a result of a breach of labour regulations, including the principle of equal treatment in employment.

If an employee who has exercised their rights as a result of a breach of labour regulations or where the employee who has provided support to them has been penalised by the employer as a result or has suffered negative consequences, they shall be entitled to compensation equal to at least the minimum wage.

Translated with the support of the European Labour Authority

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