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According to the reasoning in the Supreme Court’s ruling of January 15, 2025 (case ref. III PSK 35/24), criteria for awarding a bonus (referred to as a „discretionary premium”) may be deemed discriminatory if they violate provisions under Art. 94(9), Art. 112, Art. 113, Art. 183a, and Art. 183c of the Polish Labour Code. The Court…

According to the judgment of the Supreme Court of 6 December 2023 (II PSKP 31/22), the employee’s claims under Article 67, second sentence, of the Labor Code in connection with Article 56 § 1 of the Labor Code may be determined by the application of unequal treatment and discrimination to the employee (Article 112 of…

According to the judgment of the Supreme Court of 13 March 2024 (II PSKP 52/23) in the light of Article 183a § 3 of the Labour Code, direct discrimination exists when an employee for one or more reasons specified in the Labour Code was, is or could be treated less favourably than other employees in…

In its judgment of 28 August 2024 (I PSKP 15/24), the Supreme Court stated that while it is permissible to differentiate the legal status of employee groups that are not equal by definition (management staff and other employees), or to condition the amount of benefits due on the length of employment, where a given payment…

According to the judgment of the Supreme Court of 9 January 2024 (I PSKP 39/22), an employee pursuing claims for a breach of the order specified in Article 112 of the Labor Code aims to ensure equality in the sphere of contracting, consisting in granting him the same standard of rights as another employee in…

In a relatively recent judgment of June 11, 2024 (II PSKP 38/23), the Supreme Court once again emphasized the wide range of activities that may be considered mobbing, indicating that they include both active and passive manifestations of harassment: „The range of activities that may be considered mobbing is very wide in practice, for example,…

A company collective labour agreement cannot repeal the prohibition of discrimination. According to the Supreme Court judgment of 14 February 2006 (III PK 109/05), the provision of art. 24113 § 2 sentence two of the Labour Code applies to the termination of individual terms of an employment contract due to the expiry of the notice…

According to the judgment of the Supreme Court of 11 January 2006 (II UK 51/05), the law does not prohibit the employment of pregnant women, and on the contrary, refusing to employ a woman solely because she is pregnant would be considered discrimination (Article 183a § 1 and Article 183b § 1 item 1 of…

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…

According to art. 943 §1 of the Labor Code, the entity solely responsible for counteracting mobbing and for its occurrence is the employer, i.e. an organizational unit, even if it does not have legal personality, as well as a natural person, if they employ employees. This applies both to situations in which the employer is…