Equal treatment principle

What it means

The principle of equal treatment prohibits discrimination against employees and job applicants on grounds such as sex, age, race, religion, disability, sexual orientation, marital status or trade union membership. It follows from the Labour Code and the Anti-Discrimination Act.

The principle applies to the whole employment relationship: recruitment, working conditions, pay, training, promotion and termination. Men and women are entitled to equal pay for equal work or work of equal value.

The EU Pay Transparency Directive, which member states are transposing into national law, strengthens these rules. It introduces a duty to state the pay range at the recruitment stage, a right for employees to information on pay and, for larger employers, mandatory reporting on the gender pay gap.

How it works in practice

We help clients set up pay systems so that differences can be explained by objective criteria: job demands, qualifications, experience or performance. For bonuses we recommend written rules applied to everyone alike.

In recruitment we check job adverts and interview questions. Questions about pregnancy, family plans or religion are not allowed, and applicants’ data may be processed only in line with GDPR.

For larger clients we prepare a pay analysis by role and gender. It helps uncover unjustified gaps before an employee, the labour inspectorate or the new mandatory reports do.

What to watch out for

In discrimination disputes the burden of proof is reversed. If the employee shows facts from which discrimination can reasonably be presumed, the employer must prove it did not breach the principle. Without documented criteria this is very hard to prove.

Discrimination can also be indirect, where a seemingly neutral rule disadvantages a particular group. For example, benefits available only to full-time staff may indirectly disadvantage parents on reduced hours.