The principle of equal pay as an element of the prohibition of discrimination
The principle of equal pay for all employees is expressed in Article 18 3c § 1 of the Labor Code and constitutes one of the fundamental tools for implementing the constitutional principle of equality in employment. It was introduced into the Polish legal system as a result of the implementation of Directive 2000/78/EC.
The purpose of this directive is not to introduce an absolute requirement to treat all employees equally in every situation, but rather to eliminate criteria for differentiation that are unrelated to the job performed but rather relate to the employee's personal characteristics, such as gender, age, religion, or sexual orientation. In this sense, the principle of equal pay does not mean an obligation to pay all employees identically, but rather a prohibition on differential pay for legally prohibited reasons.
The Supreme Court's case law assumes that pay discrimination constitutes a qualified form of unequal treatment and consists in the unjustified worse treatment of an employee in the sphere of remuneration due to characteristics unrelated to the work performed or due to the form of employment.
The subjective scope of comparisons – the “single source” concept
As a rule, an employee compares his or her remuneration with the remuneration of other employees employed by the same employer. However, the case law of the Court of Justice of the EU has allowed for a broader comparison, based on the so-called "single source" concept.
This means that the comparison of wages may also be permissible between employees of different employers if the pay conditions are established on the basis of a common normative act, a single collective agreement or centrally within a group
The concept of remuneration in the context of the prohibition of discrimination
For the purposes of Article 18 3c of the Labor Code, the concept of remuneration is defined very broadly. It encompasses not only classic pay components but also all other work-related benefits, regardless of their name or form, including severance pay and additional monetary and non-monetary benefits.
This broad definition aims to provide effective protection against discrimination, but it also raises systemic concerns, as the Labor Code distinguishes remuneration from other benefits in other regulations. In practice, however, remuneration discrimination can only be considered when the difference in benefits is clear and significant.
Legal remedies and the role of the labor court
In the event of a violation of the principle of equal treatment, a labor court may intervene in the employment relationship, replacing contractual provisions with non-discriminatory solutions. Traditionally, such a provision applied only to the future, while the employee was entitled to a claim for compensation for the past.
However, recent Supreme Court case law has raised significant doubts regarding the relationship between Article 18 § 3 of the Labor Code and Article 18 § 3d of the Labor Code, indicating that compensation is intended to redress damages that go beyond the mere entitlement arising from the employment relationship. The direction of this interpretation remains a matter of debate in the legal literature.
This article is for informational purposes only and does not constitute legal advice.
The law is current as of January 23, 2026 .
Author / Editor of the series:
