The right to equal treatment for equal performance of the same duties and the prohibition of discrimination in employment constitute fundamental principles of employment law. The legislator has defined them in a straightforward manner. However, the consequences of their violation have been defined rather vaguely. The Supreme Court jurisprudence and representatives of the literature interpret the impact of Article 18 § 3 of the Labour Code and Article 183d of the Labour Code in a different way. Moreover, it remains unclear to what extent it is permissible to draw on the rules of liability set out in the Civil Code. The legal nature of liability itself is also contentious – the views of legal academics operating in the field of labour law point to its public law nature. Indicated doubts inspire to undertake stabilising measures, with the primary objective being to find a model that reconciles opposing views.

The prohibition of termination of an employment contract one month after the employer has received information about the reasons justifying it is based on a complex relationship. On the one hand, it constitutes a guarantee for the employee, whereas on the other hand, it assumes that the employer is adequately aware of the circumstances of the employee's reprehensible behaviour. This correlation gives rise to numerous controversies. Consequently, it makes it much more difficult to develop a uniform pattern of interpretation.

termination of an employment contract, protection of an employee, obtaining information by an employer