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WARNING !!! automatic translation from Polish

  • Can the denial of a bonus (discretionary premium) constitute discrimination?

    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 affirmed that the principle of equal pay for equal work applies in such cases. Crucially, when assessing whether work is „equal,” courts must evaluate not only the job position or required qualifications but also the quality and results of the work performed.


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