According to Art. 183d of the Labor Code, a person against whom the employer violated the principle of equal treatment in employment has the right to compensation in the amount not lower than the minimum remuneration for work. In the judgment I PSKP 21/21, the Supreme Court indicated that it is this provision, and not the provisions of the Civil Code on liability for tort or for non-performance or improper performance of an obligation or for infringement of personal rights, that constitutes the basis for an employee’s claim for compensation for violation of the principle of equal treatment in employment.
The Supreme Court emphasized that this compensation is to fulfill the function of compensation. Therefore,
when the employee in the action against the employer clearly distinguishes that he is seeking compensation under this provision both for material damage (lost earnings) and for moral harm (e.g. reduced self-esteem, arousing the feeling of being excluded from the labor market), it is he who should be awarded both compensation for material damage and compensation for harm – at least in the amount of the minimum remuneration for work.
As for the employee’s ability to claim compensation under Art. 183d of the Labor Code, the only condition that must exist is to prove that the employer has violated the principle of equal treatment in employment. The Supreme Court clearly emphasized that the employer’s liability is based on the principle of unlawfulness, and thus it is caused by a violation of the provisions of the Labor Code.
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