Dyskryminacja w nawiązaniu stosunku pracy ze względu na karalność
Discrimination in Employment Relationships Due to Criminality

Summary/Abstract: Employee rights are protected by the Labour Code and other labor laws. Protective function of this branch of law is fullfilled, among others, by provisions on the prohibition of discrimination. In certain circumstances, the provisions provide legal protection also for candidates for employees, indicating what a potential employer may require from the candidate, how he should behave towards him and what are the permitted criteria for evaluating job-seeker in the course of the recruitment for the position. Discrimination may therefore occur at the stage of looking for a job by a potential employee, especially during the recruitment procedure. The Labour Code contains open catalog of causes of discrimination, and therefore often appear doubts as to whether the action of the employer bears the hallmarks of discrimination, whether it is an acceptable action. Because of this, it is reasonable to attempt to answer the question whether it is permissible to differentiate the situation of candidates for jobs at employment relationships due to a prior criminal record. This will determine the relationship between the discretionary power of the employer to choose the best candidate for the job, and the equal treatment of all potential employees, including due to the content of their criminal cards.

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