No obligation to indicate the reason for unequal treatment

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 a similar situation, i.e. fulfilling the same duties. An employee demanding the granting of rights that he was deprived of in the employment contract is obliged to prove (and not only to substantiate) that he performed the same duties as the person exercising these rights. However, he does not have to prove the reason for unequal treatment, which does not constitute a premise for a claim based on Article 112 of the Labor Code.