The exercise by an employee of their rights under labour regulations, including the principle of equal treatment in employment, cannot be the basis for any unfavourable treatment of the employee, nor can it cause any negative consequences for the employee, in particular it cannot constitute a reason justifying termination of the employment relationship or its termination without notice by the employer. The phrase ‘exercise of rights’ may not be equated only with an employee making a claim against an employer. This phrase also includes an employee’s activity that leads to confirmation of their existence.

An employee who has been treated unfavorably or has suffered negative consequences as a result of exercising rights arising from a violation of labour law provisions is entitled to compensation for non-pecuniary loss. The amount of such compensation may not be lower than the minimum wage determined on the basis of separate regulations. The employee is also entitled to compensation for pecuniary loss.

Similar protection also applies to an employee who provided, in whatever form, assistance to the employee who is exercising their rights as a result of a breach of labour regulations, including the principle of equal treatment in employment.

If an employee who has exercised their rights as a result of a breach of labour regulations or where the employee who has provided support to them has been penalised by the employer as a result or has suffered negative consequences, they shall be entitled to compensation equal to at least the minimum wage.

The protection and the right to compensation described herein do not apply to an employee who knew that no violation of labour law had occurred.