1. What are the grounds for discrimination under labour law in Poland?
In Poland, the Labour Code lists example grounds for discrimination such as sex, age, disability, nationality, religion, sexual orientation, employment type, or working time. The catalogue is open, meaning other unjustified criteria may also be considered discrimination by courts.
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2. Can discrimination in Poland be claimed on grounds not listed in the Labour Code?
Yes. In Poland, less favourable treatment based on criteria not explicitly listed in the Labour Code may still be recognised as discrimination if it lacks objective justification and results in unequal treatment before a court.
3. Does equal treatment in Poland mean all employees must be treated identically?
No. In Poland, differences in treatment are allowed if they result from objective factors such as qualifications, performance, or job responsibilities. Equal treatment is breached only when differentiation is based on unlawful or discriminatory criteria.
4. At which stages of employment does equal treatment apply in Poland?
In Poland, equal treatment applies when establishing employment, during its duration, and upon termination. This includes pay, promotions, access to training, working conditions, and decisions related to ending the employment relationship.
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5. What actions are considered discrimination in employment in Poland?
In Poland, discrimination includes direct or indirect unequal treatment, harassment, sexual harassment, encouraging discrimination, or instructing others to discriminate. These actions violate the Labour Code regardless of whether they occur intentionally or indirectly.
6. What situations constitute a breach of equal treatment in Poland?
A breach in Poland occurs when an employer unjustifiably refuses employment, terminates a contract, applies worse pay or conditions, denies promotion, benefits, or training opportunities, unless the employer proves objective reasons for such decisions.
7. Are there exceptions to the principle of equal treatment in Poland?
Yes. In Poland, unequal treatment is permitted when justified by legitimate aims, such as genuine occupational requirements, seniority-based criteria, protection of parenthood or disability, organisational changes, or age-based differentiation supported by objective reasons.
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8. Can employers in Poland use positive action measures without breaching equality rules?
Yes. In Poland, temporary measures aimed at reducing actual inequalities for specific employee groups are allowed, provided they are proportionate and intended to equalise opportunities rather than create unjustified advantages.
9. Are religious organisations in Poland allowed to limit employment access?
Yes. In Poland, churches and religious organisations may restrict employment based on religion or belief if it is a genuine occupational requirement, proportionate, and linked to the organisation’s ethical or religious mission.
10. What does the right to equal remuneration mean in Poland?
In Poland, employees are entitled to equal pay for equal work or work of equal value. Remuneration includes salary components and all work-related benefits, whether paid in cash or provided in other forms.
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11. How is “equal work” defined under Polish labour law?
In Poland, equal work means work of the same type, requiring similar qualifications, performed under comparable conditions, and with comparable quantity and quality. Job title alone is not decisive when assessing equality.
12. What is considered work of equal value in Poland?
Work of equal value in Poland requires comparable professional qualifications, responsibility, effort, and experience, even if the roles differ. Formal education, professional practice, and scope of responsibility are key assessment factors.
13. Are employees in Poland protected when asserting discrimination-related rights?
Yes. In Poland, employees exercising rights related to labour law breaches, including equal treatment, are protected from retaliation. Such actions cannot justify dismissal, negative treatment, or any unfavourable employment consequences.
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14. Does protection in Poland also apply to employees supporting discrimination claims?
Yes. In Poland, employees who assist or support another employee asserting labour law rights are equally protected from retaliation or negative consequences linked to that support.
15. What compensation applies for discrimination in employment in Poland?
In Poland, employees subjected to unequal treatment are entitled to compensation of at least the statutory minimum wage. As of 1 July 2023, this amount is PLN 3,600, with courts permitted to award higher compensation.
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