Employees have equal rights for the equal performance of the same duties, this applies in particular to equal treatment of men and women in employment. In particular, employees are entitled to equal pay for equal work or work of equal value.
Remuneration includes all components of remuneration, irrespective of their name and nature, as well as other work-related benefits granted to employees in cash or other form. Work of equal value is work the performance of which requires from employees comparable professional qualifications, confirmed by documents provided for in separate regulations or by practice and professional experience, as well as comparable responsibility and effort. Equal treatment does not mean equal, as there may be differentiations, e.g. on the basis of age, disability, so the principle does not exclude differentiation of employees’ rights and obligations. A breach of equal treatment and the principle of non-discrimination only occurs if the differentiation of the situation is exclusively due to the application of a prohibited criterion. Therefore, the employer, when setting the pay scale, should determine benefits for groups of employees and not for individuals. Introducing significant differences in the pay of people performing the same work will be grounds for a charge of discrimination. Small differences in pay do not constitute discrimination.
In setting the pay scale, the employer may take into account:
- type of work – for example, an agricultural worker and a driver may have different pay rates,
- the qualifications required for the job – an employee who is better educated, or has more experience, may earn more,
- amount of work – work is in principle unquantifiable, but one can at least measure its effects – an employee who works more can be paid more,
- the quality of the work provided – an employee who performs his or her duties correctly can earn more than someone who makes mistakes,
- length of service – the employer may introduce benefits such as a length of service allowance or jubilee awards.