Obligations of the employer and employee’s claims

< Wróć
Drukuj

Obligations of the employer and employee’s claims

According to the regulations, preventing discrimination is a fundamental duty of the employer. It is responsible for organizing work in the company so that there is no unequal treatment of employees, harassment or sexual harassment.

To avoid discriminatory practices in companies, employers may:

  • introduce anti-discrimination procedures, in particular clarifying the basic concepts of unequal treatment, discrimination, harassment and sexual harassment
  • present the possibilities of reporting these behaviours
  • determine the employer’s manner of conduct since the notification
  • determine the degree of confidentiality of actions and possible resolutions of the proceedings
  • appoint an equality officer, i.e. somebody one can report discrimination or other unwanted behaviour to
  • establish transparent remuneration rules that allow employees to ask questions about their employer’s decisions regarding payments
  • provide training for employees so that they can identify discrimination
  • arrange training for managers to prevent discrimination in their teams.

If any employee substantiates the allegation of discrimination, the employer must prove that there has been no discrimination, harassment or sexual harassment. On the other hand, the employee can claim compensation from the employer if they encounter any of these behaviours in the company. According to the regulations, the damages should not be lower than the minimum remuneration.

If you accuse the employer of violating the provisions on non-discrimination, you should indicate the reason for being discriminated against and the circumstances of unequal treatment on this ground.

In the court, you should present the facts that suggest the occurrence of direct or indirect discrimination, and then the burden of proof passes on to the employer. It should prove that it is based on objective premises when differentiating the situation of workers.

Exercising your rights in connection with discrimination, harassment, sexual harassment, or unequal treatment must not have any negative consequences for you. First of all, the employer can’t fire you for that. The same rule applies to an employee who supported a colleague suing the employer, for example, by testifying in their favour during court proceedings.

Due to the employer’s failure to comply with the principle of equal treatment and non-discrimination at work, which qualifies as a severe violation of the employer’s obligations, you can terminate the employment contract without the required notice period.