Works of the same value and works of equal value within the meaning of Art. 18 (3c) § 1 of the Labor Code

Employees have the right to equal remuneration for equal work or work of equal value. Works of equal value are works whose performance requires comparable professional qualifications, confirmed by documents provided for in separate regulations or by practice and professional experience, as well as comparable responsibility and effort. Following the decision of the Supreme Court of 27 January 2022 (file reference number II PSK 199/21, LEX No. 3340985), the same works are those which are the same „in terms of the type, qualifications necessary for their performance, conditions, in which they are provided, as well as – quantity and quality. Thus, a job position may be a benchmark for determining „equal work”, but it is not exclusive. Work that is identical in terms of the type and qualifications required to perform them at the same job positions operating at a given employer may differ in quantity and quality (understood as the manner of fulfilling the duties entrusted), and then they are not identical work within the meaning of Art. 183c § 1 of the Labor Code When assessing the right of employees to remuneration for equal work, it is therefore necessary to take into account the quality and results of the work performed „. Similarly, the Supreme Court stated in the judgment of 8 May 2019 (file no. VI P 271/18), saying that „identical work is in turn the same work in terms of type, qualifications necessary to perform them, conditions under which are provided as well as their quantity and quality. The work that is identical in terms of the type and qualifications required to perform them at the same positions at the given employer may differ in quantity and quality, and then they are not identical work within the meaning of Art. 18 (3c) § 1 of the Labor Code „. The Supreme Court also indicated that „employees are entitled to equal remuneration not only for work of” equal value „(i.e. for work that is equal in terms of actual duties and burdening them), but also for work” of the same „(i.e. identical in terms of the method and objective quality of its performance, and thus its usefulness for the employer) „(judgment of the Supreme Court of May 8, 2019, file ref. VI P 271/18).