Non- discrimination
Every employer must implement principles of gender equality and non-discrimination on any other grounds. This means that no matter the type of employment relations between an employer and an employee, any direct or indirect discrimination, bullying, sexual harassment, instruction to discriminate on the grounds of sex, race, nationality, language, origin, social status, age, sexual orientation, disability, health condition, ethnicity, membership to a political party or association, religion, faith, beliefs or creed, with the exception of cases of religious practices, faith or beliefs of persons employed with religious communities, societies or centres, when employee requirements relating to religious beliefs and practices are usual, legitimate and justified with regard to the ethos of such religious communities, societies or centres, and on the grounds of intentions of having children and circumstances not related to the professional qualities of workers and any other grounds provided for in the laws shall be prohibited.
When implementing the principle of gender equality and non-discrimination on other grounds, an employer, irrespective of employee sex, race, nationality, language, origin, social status, age, sexual orientation, disability, health conditions, ethnicity, religion, faith, beliefs or creed, with exception of cases of religious practices, faith or beliefs of persons employed with religious communities, societies or centres, when requirements for employees related to their religious beliefs and practices are usual, legitimate and justified with regards to the ethos of such religious communities, societies or centres, and also on the grounds of intentions of having children and circumstances not related to the professional qualities of workers and any other grounds provided for in the laws, must:
1) Apply equal selection criteria and conditions when hiring.
2) Ensure equal working conditions and opportunities to improve qualification, pursue professional development, requalification and obtaining practical work experience, and also ensure equal benefits.
3) Apply equal criteria for work evaluation and dismissal from work.
4) Ensure equal pay for the same work and work of equal value.
5) Take measures to prevent employee bullying, and sexual harassment, provide instructions about workplace discrimination, avoiding retaliation, and ensuring protection against hostile behaviour or negative consequences after complaints or lawsuits are filed for discrimination.
6) Take appropriate measures to facilitate the employment, work, career or training of disabled persons, including the adaptation of suitable facilities, unless such measures would disproportionately hinder the duties of the employer.
Employers with over fifty (50) employees on average must additionally adopt and publish (using usual workplace channels) measures for implementing equal opportunity and enforcement policies.
Before such measures are adopted and published, procedures for notification and consultation with worker representatives must be completed.
Last updated: 22-12-2023