According to the Supreme Court (decision of October 18, 2023 I PSK 103/22), equal work is work that is the same in terms of type, qualifications necessary to perform it, conditions in which it is performed, as well as – quantity and quality
If employees perform the same duties, but are treated unequally due to the reasons specified in Article 113 of the Labor Code, they are discriminated against (Article 183a § 1 of the Labor Code). However, if the inequality is not dictated by criteria prohibited by this provision, then only the principle of equal rights (equal treatment) of employees, as provided for in Article 112 of the Labor Code, is violated, and not the prohibition of discrimination under Article 113 of the Labor Code.
The principle of non-discrimination (Article 113 of the Labour Code, Article 183a-183e of the Labour Code) is not identical to the principle of equal rights (equal treatment) of employees who perform the same duties in the same way, specified in Article 112 of the Labour Code. It is assumed that these two principles are closely related, but undoubtedly constitute separate principles, the violation of which by the employer gives rise to different consequences, e.g. only the violation of the prohibition of discrimination gives rise to the employer’s liability for damages under Article 183d of the Labour Code. Violation of the principle of equal rights (equal treatment) of employees who perform the same duties in the same way is also sanctioned, but on a different legal basis.
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