For nearly two years now the European Commission has been demanding for Poland to amend the contents of regulations concerning equal treatment implemented in the labor code. This relates to European regulations included in EU Directive 2000/78, which establishes general framework conditions for equal treatment in employment and labor. The European Commission has commenced penal proceedings against Poland due to this unjustified delay.(30-JUN-08)
Written by Agnieszka Chmielecka/ HRH Warsaw
Source: Rzeczpospolita
A mistake has crept into the labor code. The Directive states that direct discrimination shall be taken to occur where one employee is treated less favorably than another is, has been or would be treated. In turn, the Code states that direct discrimination occurs where an employee was, is or could be treated less favorably than other employees under similar circumstances.
Lukasz Bojarki from the HFHR: We have appealed on numerous occasions for the implementation of EU regulations protecting against discrimination and for the removal of errors from the provisions already in force. During the four years since work has began on the act on equal treatment, the extent of protection that these regulations should ensure to employees has been narrowed down considerably. In Article 32, the Polish Constitution guarantees equal treatment of citizens. However, this regulation is too general to be applied directly. Therefore specific regulations are needed.
Poland has stopped in its tracks, while the EU continues to move forward. On 5 July 2008, Jose Manuel Barroso, head of the European Commission, is to present a package of social directives, which are to include completely new regulations regarding protection against discrimination. Will Poland once again find itself at the tail end of the implementation process of these new regulations?
