Analysis provided by Dominika Skubida, ODIHR Legal Expert.

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The prohibition of direct and indirect discrimination is codified in Articles 11(2), 11(3), and 18 (3)(b) of the Labour Code of 1974. The principal of equal treatment of men and women is set forth by the Article 11 (4) and broadened by Chapter II. Article 18 (3)(a) specifies that men and women should be treated equally in terms of establishing and terminating contractual relations, contractual conditions, promotion and access to training aimed at upgrading professional qualifications.

Both the Polish Constitution and Labour Code set forth the principle of equal pay for men and women for the same work or work of equal value. The definition of "pay" includes all related forms of remuneration and social benefits. The legislator defines work of equal value as the work for which the same qualifications are required. However, official surveys show that women are usually remunerated at a lower level than men on the job market.

By virtue of a judgment of the Polish Constitutional Court, women may retire at the age of 60 years. This limit, however, is not obligatory which means that an employer may not fire a woman who wishes to work until the age of 65.

If the employer decides to contract a woman for a longer term he is obliged to provide her with the same contractual conditions as those granted to a man in the same position.

A person against which the employer violates the principle of equal treatment has the right to the compensation in an amount not lower than the average of the minimum remuneration for work and not higher than six times this amount.

Furthermore, the Law on Employment and Counteracting Unemployment of 1994 also contains gender related anti-discrimination clauses addressing issues such as vacancy information, recruitment of candidates, vocational guidelines, criteria for issuing job offers and work permits for aliens.

In terms of social security, in addition to the Constitutional guarantees the Law on Social Security System of 1998 contains the principal of equal treatment of both sexes.

As regards the protection of pregnant women in the workplace, Article 178 of the Labour Code sets forth the prohibition of hiring a pregnant woman to work night shifts, overtime, and send her on business trips or work outside her usual place of work without her consent. The same regulation applies to women caring for a child under the age of four. Fathers are treated equally according to that law in situation when they are the sole carers of young children.

If the pregnancy is endangered by the working conditions, as confirmed by the medical certificate, the employer is obliged to transfer a pregnant woman to another job for the same level of remuneration.

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