Commissioner for Human Rights

The Commissioner for Human Rights submitted an opinion to the Minister of Family, Labour and Social Policy regarding the draft Act on strengthening the application of the right to equal remuneration for men and women for equal work or work of equal value (No. UC127).

The purpose of the draft legislation is to implement into the Polish legal system Directive (EU) 2023/970 of the European Parliament and of the Council, which aims to strengthen the application of the principle of equal pay for men and women for the same work or work of equal value through pay transparency measures and enforcement mechanisms.

The draft provides for the establishment of a Commission for the Prevention of Discrimination in Employment, which is also intended to serve as an equality body. Both in terms of its personal scope (grounds of prohibited discrimination) and its material scope (areas in which discrimination is prohibited), the mandate of the Commissioner for Human Rights, defined primarily in the Act on the Commissioner for Human Rights, overlaps with the proposed mandate of the Commission.

This would result in the creation of a second equality body—alongside the Commissioner for Human Rights within the meaning of EU directives—whose mandate would be limited to the field of employment. In this regard, reference is made to Directive (EU) 2024/1500 of the European Parliament and of the Council of 14 May 2024, establishing standards for equality bodies in the field of equal treatment and equal opportunities between women and men in matters of employment and occupation and amending Directives 2006/54/EC and 2010/41/EU.

The latter conclusion arises not from the wording of the draft itself but from its explanatory memorandum. Given that the Commission’s mandate is not limited to a specific category of persons, clarification is required as to whether the Commission will also serve as an equality body in the field of employment within the meaning of Directive (EU) 2024/1499 of 7 May 2024 on standards for equality bodies in the areas of equal treatment irrespective of racial or ethnic origin; equal treatment in employment and occupation irrespective of religion or belief, disability, age, or sexual orientation; equal treatment of women and men in matters of social security; and equal treatment in access to and supply of goods and services, as well as amending Directives 2000/43/EC and 2004/113/EC.

The overlap of competences, as well as potential disputes regarding the respective mandates of equality bodies that may arise upon the entry into force of the proposed legislation, could have been avoided by creating a single equality body that complies with the standards set out in the above-mentioned directives.

One notable feature that clearly distinguishes the Commissioner for Human Rights from the Commission for the Prevention of Discrimination in Employment is that the Ombudsman’s mandate is limited to vertical disputes (between individuals and public authorities), whereas no such limitation would apply to the Commission.

The establishment of an equality body competent to resolve horizontal disputes (between private parties) implements a long-standing recommendation of the Commissioner for Human Rights and addresses a gap in protection against discrimination resulting from the Ombudsman’s limited mandate. Nevertheless, with regard to areas other than employment, there will still be no equality body whose mandate covers disputes between private entities to the extent required by Directive (EU) 2024/1499.

XI.022.6.2026

https://bip.brpo.gov.pl/pl/content/rpo-projekt-wynagrodzenia-plcie-opinia-mrpips