Remember that your workers enjoy equal rights for identical performance of identical duties; This concerns, in particular, equal treatment of men and women in employment.
There shall be no direct or indirect discrimination in work relations, especially on the grounds of gender, age, disability, race, religion, nationality, political affiliation, union membership, ethnic origins, belief, sexual orientation, as well as employment on a permanent or temporary basis, or on a full or part-time basis. These rules you should bear in mind when looking for an employee or drawing up e.g. a job advertisement.
Remember that a breach of the principle of equal treatment in employment is differentiating the situation of workers (for the reasons mentionioned above,) in cases such as:
• the refusal to conclude or terminate an employment relationship,
• disadvantageous remuneration for work or other terms of employment or omission in promotion, or granting other work-related benefits
• omission during the process of selection for participation in the trainings improving qualification - unless the employer proves that he was guided by objective reasons.
Discrimination is also:
• actions which consist in encouraging any other person to infringe the principle of equal treatment in employment or ordering the infringement of that principle
• harassment, i.e. undesirable conduct with the purpose or effect of violating the dignity of an employee and to the creation of an intimidating, hostile, degrading, humiliating or offensive environment.
Sexual harassment is a type of discrimination based on sex. This is unwanted conduct of a sexual nature (verbal, physical) or relating to the sex of a worker whose aim or result is to violate the dignity of a worker. This includes the creation of an agent of an intimidating, hostile, degrading, humiliating or offensive environment.
Actions which do not constitute discrimination
Not every situation of differentiating between employees is unlawful. It is possible for instance when applying the measures differentiating an employee's legal status due to the protection of parenthood, age or disability. It is also permissible to apply the criterion of length of employment while specifying the conditions for recruitment or dismissal of employees, terms of remuneration and promotion and access to training to improve professional qualifications.
It is also not a breach of the principle of equal treatment to restrict access to employment owing to factors such as a religion or belief of churches or other religious associations and organisations with an ethos based on values e.g. religious. Access may be limited, but only where the religion or belief are a real and decisive professional requirement towards the employee, proportionate to achieving a lawful objective of differentiation of that person's situation.
The right to equal remuneration
Please note that workers have the right to equal remuneration for the same work or work of the same value (i.e. work which requires workers to have comparable professional qualifications and to assume comparable responsibilities and make a comparable effort). Remuneration includes all components of remuneration, irrespective of their name and nature, as well as other work-related benefits granted to employees in the form of mony or in any other form.
Employee's claims arising from a breach of the principle of equal treatment
The person who is a breach by an employer of the principle of equal treatment in employment is entitled to compensation in the amount not lower than the minimum wage.
The fact that employees took advantage of their rights to which they are entitled due to violations of the principle of equal treatment in employment may not give rise to adverse treatment of a worker and also may not cause any negative consequences for the worker. It cannot be the reason justifying, dismissal of a worker only because he used the anti-discrimination legislation. This also applies to workers who have helped other workers to enforce their rights.
Issues of equal treatment and discrimination at work are governed by the Labour Code.Share Print