Pursuant to the judgment of the Supreme Court of January 9, 2024, I PSKP 39/22, determining a violation of the principle of equal rights due to equal performance of the same duties usually requires reference to a specific employee. However, in special situations (justified by work organization or multi-level organizational structure), it is possible to compare to several employees and thus average the value of compensation due (Article 112 of the Labor Code and Article 471 of the Civil Code in connection with Article 300 of the Labor Code).
An employee pursuing claims for violation of the order specified in Art. 112 k.p. aims to ensure equality in the sphere of contracting, consisting in granting him a standard of rights that is enjoyed by 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 demonstrate (and not merely prove) that he performed the same duties as the person using these rights. However, it does not have to prove the cause of unequal treatment, which does not constitute a premise for a claim based on Art. 112 k.p.
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