Pay discrimination is one of the most common forms of discrimination in the workplace. According to the Labor Code, equal treatment in employment is the basic right of every employee. Under no circumstances may the employer make the amount of remuneration dependent on his private sympathies or employee characteristics not related to the quality of the work performed, such as: age, gender, religion, national or racial affiliation, sexual orientation and political views.
It is clear that not every pay gap will be discriminatory in the workplace. Salaries may vary due to the qualifications of employees, specific characteristics or conditions of the work performed and the length of service. As stated by the Supreme Court in the judgment of 7 April 2011, reference number: I PK 232/10 – we can speak of discrimination in remuneration only when the employee’s remuneration is noticeably different from the remuneration of other employees performing work of the same or equal value.
There may also be a situation where wage discrimination may still occur despite equal main wages. As stated by the Supreme Court in the judgment ref. No. I PK 100/12 of 22 November 2012, when determining whether a company is subject to wage discrimination, in addition to the amount of salary, one should also take into account whether the persons concerned use, for example, a car, a flat and a company telephone. The unequal distribution of official privileges and bonuses can therefore have as serious consequences as the differences in main pay.
Most experts agree that the current regulations do not provide sufficient protection against discrimination in the workplace. In many companies there is still wage discrimination, often on the grounds of gender. It should be remembered that in the event of undercutting the salary by the employer, the employee has the right to claim compensation for wage discrimination through a claim brought to the court or by referring the case to the National Labor Inspectorate.
english
