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EMPLOYMENT RELATIONSHIPS ACT

 

Article 6
(prohibition of discrimination and retaliation) 

(1) Employers must ensure for job seekers (hereinafter: candidates) in gaining employment or workers during their employment relationship and in connection with the termination of employment contracts equal treatment irrespective of ethnicity, race or ethnic origin, national or social background, gender, skin colour, state of health, disability, faith or conviction, age, sexual orientation, family status, membership of unions, financial standing or other personal circumstance in accordance with this Act, the regulations governing fulfilment of the principle of equal treatment and the regulations governing equal opportunities for women and men.

(2) Employers must ensure equal treatment in respect of personal circumstances referred to in the preceding paragraph for candidates and workers especially in gaining employment, promotion, training, education, retraining, pay and other receipts from the employment relationship, working hours and cancellation of employment contracts.

(3) Direct and indirect discrimination based on any personal circumstance referred to in the first paragraph of this article are prohibited. Direct discrimination exists where owing to a certain personal circumstance a person has been, is or could be treated less favourably than another person in identical or similar situations. Indirect discrimination owing to a personal circumstance exists where owing to an apparently neutral regulation, criterion or practice a person with a certain personal circumstance has been, is or could be placed in a less favourable position than another person in identical or similar situations and conditions, unless such regulation, criterion or practice are justified by a legitimate objective and if the means for achieving that objective are appropriate and necessary. Any instructions for discrimination against a person on the basis of any personal circumstance at all are also direct or indirect discrimination.

(4) Less favourable treatment of workers in connection with pregnancy or parental leave is also deemed to be discrimination.

(5) Differing treatment based on any personal circumstance referred to in the first paragraph of this article shall not constitute discrimination if, owing to the nature of the work or circumstances in which the work is performed, a certain personal circumstance might represent a significant and decisive condition in respect of the work and such a requirement is in proportion to and justified by the legitimate objective

(6) If in the event of a dispute a candidate or worker cites facts giving grounds for the suspicion that the prohibition of discrimination has been violated, the employer must demonstrate that in the case in question the principle of equal treatment and the prohibition of discrimination have not been violated.

(7) In the event of a violation of the prohibition of discrimination, the employer shall be liable to provide compensation to the candidate or worker under the general rules of civil law.

(8) Discriminated persons and persons who help the victims of discrimination may not be exposed to unfavourable consequences owing to actions aimed at fulfilling the prohibition of discrimination.

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V. ENFORCEMENT AND PROTECTION OF RIGHTS, OBLIGATIONS AND RESPONSIBILITIES ARISING FROM EMPLOYMENT RELATIONSHIP

 

Article 204
(Enforcement of Rights with an Employer and Judicial Protection)

(1) Should a worker think that the employer does not fulfil his obligations arising from the employment relationship or that he violates any of his rights arising from employment relationship, he shall have the right to request in writing that the employer abolish the violation and/or fulfils his obligations.   

(2) Should the employer not fulfil his obligation arising from the employment relationship and/or not abolish the violation within eight working days upon the receipt of the worker's written request, the worker may request judicial protection before the competent labour court within 30 days from the expiry of the time limit stipulated for the fulfilment of obligations and/ or abolishment of violation by the employer.

(3) A worker may request the establishment of illegality of termination of the employment contract, of other modes of termination of the employment contract, and/or of a decision on disciplinary responsibility of the worker within 30 days from the day of the service or the day when he learnt about the violation of the right, before the competent labour court.

(4) Notwithstanding the time limit referred to in Paragraph 2 of this Article, a worker may enforce pecuniary claims arising from the employment directly before the competent labour court.

(5) An applicant, who has not been chosen, and who thinks that the statutory prohibition of discrimination has been violated in the selection, may request judicial protection before the competent labour court within 30 days from the receipt of employer's notification.

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