Equal treatment in employment | Gdańsk University of Technology

Equal treatment in employment

INFORMATION FOR EMPLOYEES ON EQUAL TREATMENT IN EMPLOYMENT

In accordance with the obligation arising from Art. 941 of the Labour Code, below you will find the text of the provisions on equal treatment in employment.

Labour Code (excerpt)

Art. 112. Employees have equal rights under the same obligations; this applies in particular to equal treatment for men and women in employment.

Article 113. Any discrimination in employment, direct or indirect, in particular on the grounds of sex, age, disability, race, religion, nationality, political beliefs, trade union membership, ethnic origin, belief, sexual orientation, temporary or indefinite employment , full-time or part-time employment - is not allowed.

Art. 18. (...)

§ 3. The provisions of employment contracts and other acts on the basis of which an employment relationship is established, which violate the principle of equal treatment in employment, shall be null and void. Instead of such provisions, the relevant provisions of labour law shall apply, and in the absence of such provisions - these provisions should be replaced by appropriate non-discriminatory provisions.

Equal treatment in employment

Article 183a 1. Employees should be treated equally in terms of establishing and terminating an employment relationship, employment conditions, promotion and access to training in order to improve professional qualifications, in particular regardless of gender, age, disability, race, religion, nationality, political beliefs, trade union membership, ethnicity, belief, sexual orientation, temporary or indefinite employment, full-time or part-time employment.

§ 2. Equal treatment in employment means non-discrimination in any way, directly or indirectly, for the reasons set out in § 1.

§ 3. Direct discrimination exists when an employee has been, is or could be treated in a comparable situation less favorably than other employees for one or more of the reasons specified in § 1.

§ 4. Indirect discrimination exists when, as a result of a seemingly neutral provision, criterion used or action taken, there exist or could exist unfavorable disproportions or a particularly unfavorable situation regarding the establishment and termination of the employment relationship, employment conditions, promotion and access to training in order to improve professional qualifications towards all or a significant number of employees belonging to a group distinguished for one or more reasons specified in § 1, unless the order, criterion or action is objectively justified by the legitimate aim to be achieved and the means to achieve this are appropriate and necessary.

§ 5. The manifestation of discrimination within the meaning of § 2 is also:

1)      any action consisting in encouraging another person to violate the principle of equal treatment in employment or ordering them to violate this principle;

2)      undesirable behavior, the purpose or effect of which is to violate the dignity of the employee and to create an intimidating, hostile, degrading, humiliating or derogatory atmosphere (harassment).

§ 6. Discrimination on grounds of sex is also any undesirable behavior of a sexual nature or relating to the employee's sex, the purpose or effect of which is to violate the employee's dignity, in particular to create an intimidating, hostile, degrading, humiliating or derogatory atmosphere; this behavior may consist of physical, verbal or non-verbal elements (sexual harassment).

§ 7. Employee's compliance with harassment or sexual harassment, as well as undertaking by him / her actions against harassment or sexual harassment may not cause any negative consequences for the employee.

Art. 183b. § 1. A violation of the principle of equal treatment in employment, subject to § 2-4, is considered to be the employer's differentiation of the employee's situation for one or more of the reasons specified in Art. 183a § 1, the effect of which is in particular:

1)      refusal to undertake or termination the employment relationship,

2)      unfavorable development of remuneration for work or other conditions of employment or omission when promoting or awarding other benefits related to work,

3) omission when selecting to participate in training aiming at raising professional qualifications

- unless the employer proves that he/she was guided by objective reasons.

§ 2. The principles of equal treatment in employment do not infringe upon activities proportional to achieving the lawful purpose of differentiating the employee's situation, consisting in:

1)      not employing an employee for one or several reasons specified in art. 183a § 1, if the type of work or the conditions of its performance decide that the cause or causes listed in this provision are the actual and decisive professional requirement for the employee;

2)      renunciation of the employment conditions regarding working time, if it is justified by reasons not pertaining to employees without citing another reason or other reasons listed in art. 183a § 1;

3)      applying measures that differentiate the legal position of an employee due to protection of parenthood or disability;

4)      applying the criterion of seniority when determining the conditions of employment and dismissal of employees, remuneration and promotion rules as well as access to training in order to raise professional qualifications, which justifies the different treatment of employees due to age.

§ 3. There is no breach of the principle of equal treatment in employment in case of activities undertaken for a specified period of time, aimed at equalizing the opportunities of all or a significant number of employees distinguished for one or several reasons specified in Art. 183a § 1, by reducing actual inequalities in favor of such employees to the extent specified in this provision.

§ 4. Limitation by churches and other religious associations, as well as organizations whose ethics are based on religion or belief, access to employment due to religion or belief if the type or nature of the activity undertaken by churches and other religious associations, as well as organizations, makes religion or belief a real and decisive professional requirement for an employee, proportional to achieving the legitimate goal of differentiating that person's situation does not constitute a violation of the principle of equal treatment in employment; this also applies to the requirement for employees to act in good faith and loyalty to church ethics, other religious associations and organizations whose ethics are based on religion or belief.

Art. 183c. § 1. Employees have the right to equal remuneration for equal work or work of equal value.

§ 2. The remuneration referred to in § 1 includes all components of remuneration, irrespective of their name and nature, as well as other work-related benefits granted to employees in cash or in a form other than cash.

§ 3. Works of equal value are works whose performance requires comparable professional qualifications from employees, confirmed by documents provided for in separate regulations or professional practice and experience, as well as comparable responsibility and effort.

Art. 183d A person against whom the employer has violated the principle of equal treatment in employment, has the right to compensation in an amount not lower than the minimum remuneration for work, determined on the basis of separate provisions.

Article 183e § 1. The employee's exercise of the rights arising from a breach of the principle of equal treatment in employment may not be the basis for unfavorable treatment of the employee, and may not cause any negative consequences for the employee, in particular it may not be the reason justifying the renunciation or termination of the employment relationship by the employer without notice.

§ 2. The provision of § 1 shall apply accordingly to an employee who has provided in any form support to an employee exercising the rights arising from a breach of the principle of equal treatment in employment.

Art. 94. The employer shall be obliged in particular to: (...)

2b) prevent discrimination in employment, in particular on the grounds of sex, age, disability, race, religion, nationality, political beliefs, trade union membership, ethnicity, belief, sexual orientation, as well as on the basis of temporary or indefinite employment, or full-time or part-time employment;