Information for employees on equal treatment in employment
INFORMATION FOR EMPLOYEES ON EQUAL TREATMENT IN EMPLOYMENT
In accordance with the obligation under art. 941 of the Labour Code, the following is the text of the parallel employment provisions in the form of an extract from the Labour Code:
Art. 9. § 4. Provisions of collective bargaining agreements and other collective agreements based on the law, regulations and statutes determining the rights and obligations of the parties to the employment relationship that violate the principle of equal treatment in employment shall not apply.
Art. 112. Employees have equal rights for the equal performance of the same duties; this applies in particular to equal treatment of men and women in employment.
Art. 113. Any discrimination in employment, direct or indirect, in particular on the grounds of sex, age, disability, race, religion, nationality, political opinion, trade union membership, ethnic origin, religion, sexual orientation, or on the basis of employment of limited or indefinite duration or full or part-time - is unacceptable.
Art. 18. (...)
§ 3. The provisions of employment contracts and other acts on the basis of which the employment relationship is formed, that violate the principle of equal treatment in employment are invalid. In place of such provisions, the relevant provisions of employment law shall apply, and in the absence of such provisions - such provisions shall be replaced by appropriate non-discriminatory provisions.
Art. 183a. § 1. Employees should be treated equally with regard to the establishment and termination of the employment relationship, terms and conditions of employment, promotion and access to training to improve their professional qualifications, in particular irrespective of sex, age, disability, race, religion, nationality, political opinion, trade union membership, ethnic origin, religion, sexual orientation, and irrespective of whether they are employed for a definite or indefinite period of time or on a full-time or part-time basis.
§ 2. Equal treatment in employment means not discriminating in any way, directly or indirectly, on the grounds set out in § 1.
§ 3. Direct discrimination exists when an employee, for one or more of the reasons set out in § 1, has been, is or could be treated less favourably than other employees in a comparable situation.
§ 4. Indirect discrimination exists where, as a result of an apparently neutral provision, criterion applied or action taken, there is a disparity in terms and conditions of employment to the disadvantage of all or a significant number of employees belonging to a group distinguished on one or more of the grounds set out in § 1, if the disparity cannot be justified on other objective grounds.
§ 5. A manifestation of discrimination within the meaning of § 2 is also:
1) the act of encouraging another person to violate the principle of equal treatment in employment,
2) behaviour which has the purpose or effect of violating the dignity or humiliating or degrading an employee (harassment).
§ 6. Discrimination on the basis of sex is also any unacceptable conduct of a sexual nature or relating to the sex of an employee which has the purpose or effect of violating the dignity or humiliating or degrading an employee; this conduct may consist of physical, verbal or non-verbal elements (sexual harassment).
Art. 183b. § 1. It shall be considered a breach of the principle of equal treatment in employment, subject to § 2-4, if an employer differentiates between the situation of an employee on one or more of the grounds set out in art. 183a § 1, which results in particular:
- refusal to establish or terminate the employment relationship,
- unfavourable formation of remuneration for work or other terms and conditions of employment, or omission in promotion or granting of other work-related benefits,
- omission in selection for participation in training to improve professional qualifications
unless the employer can prove that it was motivated by objective reasons.
§ 2. The principle of equal treatment in employment is not violated by actions consisting of:
- non-employment of an employee for one or more of the reasons set out in art. 183a § 1 where this is justified by the nature of the work, the conditions under which it is carried out or the professional demands placed on employees,
- to terminate an employee's terms and conditions of employment with regard to working hours if this is justified for reasons not related to employees,
- applying measures that differentiate the legal situation of an employee on the grounds of parental protection, age or disability of the employee,
- setting the conditions for hiring and firing employees, the rules for remuneration and promotion, and access to training to improve professional qualifications - taking into account the seniority criterion.
§ 3. They do not violate the principle of equal treatment in employment activities undertaken for a limited period of time, aiming at equalizing the chances of all or a significant number of employees distinguished for one or several reasons specified in art. 183a § 1, by reducing in favour of such employees the de facto inequalities, to the extent set out in this provision.
§ 4. Differentiating between employees on the basis of religion or belief does not constitute a breach of the principle of equal treatment in employment if, in relation to the nature and character of the activities carried out within churches and other religious associations, as well as organisations whose purpose is directly related to religion or belief, the employee's religion or belief constitutes a substantial, legitimate and justified occupational requirement.
Art. 183c. § 1. Employees are entitled to equal pay for equal work or work of equal value.
§ 2. The remuneration referred to in § 1 includes all components of remuneration, regardless of their name and nature, as well as other work-related benefits granted to employees in cash or non-cash form.
§ 3. Work of equal value is work the performance of which requires from employees comparable professional qualifications, confirmed by documents provided for in separate regulations or by practice and professional experience, as well as comparable responsibility and effort.
Art. 183d. A person in respect of whom the employer has violated the principle of equal treatment in employment is entitled to compensation in an amount not lower than the minimum remuneration for work, established on the basis of separate regulations.
Art. 183e. An employee's exercise of his or her rights for breach of the principle of equal treatment in employment cannot constitute a reason justifying the employer's termination of the employment relationship or its termination without notice.
Art. 292. § 1. The conclusion of a contract of employment with an employee providing for part-time employment may not result in his/her working and pay conditions being set less favourably in relation to employees performing the same or similar work on a full-time basis, taking into account, however, the proportionality of the remuneration for work and other work-related benefits to the employee's working hours.
§ 2. The employer should, as far as possible, accommodate the employee's request to change the working hours specified in the employment contract.
Art. 94. The employer shall in particular:
(…)
2b) counteract discrimination in employment, in particular on the grounds of sex, age, disability, race, religion, nationality, political opinion, trade union membership, ethnic origin, religion, sexual orientation, as well as on the grounds of employment for a definite or indefinite period of time or on a full-time or part-time basis
Art. 943. § 1. The employer is obliged to counteract bullying.
§ 2. Bullying means actions or behaviours concerning an employee or directed against an employee, consisting of persistent and prolonged harassment or intimidation of an employee, causing an employee to have a low opinion of his or her professional suitability, causing or intended to cause humiliation or ridicule of an employee, isolating him or her or eliminating him or her from his or her team of co-workers.
§ 3. An employee who has been subjected to harassment that has caused disorder may claim an appropriate sum from the employer as monetary compensation for the harm suffered.
§ 4. An employee who has had his or her employment contract terminated as a result of harassment has the right to claim compensation from the employer in an amount not lower than the minimum wage, as determined under separate legislation.
§ 5. The employee's declaration of termination of the employment contract shall be made in writing, stating the reason referred to in § 2 justifying the termination.
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