An employee is obliged to treat all employees equally (article 11(2) of the Labour Code). Violation of principal of equal treatment may cause contractual responsibility of an employer and it is not obligatory to point to a prohibited discrimination criterion mentioned in article 18(3a) of the Labour Code. However, if an employee does not point to a discrimination criterion he/she cannot claim compensation based on regulations stated in the Labour Code claims, as this compensation may be claimed based on general rules provided by the Civil Code and applied accordingly for labour law purposes.
Au contraire, if unequal treatment is caused by prohibited discrimination criterion, an employee may claim compensation based on the Labour Code rules. The main advantage is the possibility of shifting the burden of proof – it is an employer who has to prove that there was no discrimination and no unequal treatment caused by this discrimination criterion.