The principle of non-discrimination in employment was introduced into the Polish legal system under European requirements by adding Art. 183a. This provision stipulates that employees should be treated equally as regards entering into and terminating employment, terms of employment, promotion and access to training to improve professional qualifications.
In particular, it is not allowed to differentiate the situation of employees according to their gender, age, disability, race, religion, nationality, political beliefs, trade union membership, ethnic origin, religion, sexual orientation, employment for a specified or indefinite period, full or full employment. part-time work.
Under the concept of „the principle of equal treatment in employment” from Art. 183d of the KP, one should understand both discrimination on the basis of the forbidden differentiating criterion mentioned directly in the provision and other, apart from discrimination, cases of unequal treatment in employment. The above-mentioned criteria constitute only an example calculation, because due to the use of the phrase „in particular” by the legislator, protection against discrimination at work may be extended.
In the opinion of the Supreme Court, however, it will not be discrimination to adopt the differentiation criterion, which, although it differentiates the situation of entities belonging to the group distinguished for reasons considered as discriminatory to other employees, is objectively justified due to the lawful goal to be achieved, and the measures achieving this goal are appropriate and necessary (judgment of the Supreme Court of 28/02/2019, file no. I PK 50/18).
Reaching the retirement age cannot be considered a discriminatory criterion, as it is a socially justified criterion for the selection of employees for dismissal (the decision of the Supreme Court of 20 May 2020, ref. I PK 110/19).
In another ruling, the Supreme Court stated that the length of service criterion may be used in determining the terms of employment, the principles of remuneration and promotion, i.e. length of service is a criterion justifying different treatment of employees. The Supreme Court distinguishes between age and length of service, which should not be treated as equivalent (Supreme Court judgment of 5 February 2019, file no. III PK 12/18).
english
