ACT

of 3 December 2010

to implement certain provisions of the European Union in the field of equal treatment ^{1), 2)}

• Metric
• Codified text

Chapter 1

General provisions

Article 1. [ Regulatory scope] The Act sets out the areas and ways of countering violations of the principle of equal treatment on the grounds of sex, race, ethnic origin, nationality, religion, religion, belief, disability, age or sexual orientation and the authorities competent in the This range.

Article 2. [ Entities covered by the Act] 1. The Act applies to natural persons and to legal persons and organizational units which are not legal persons, to whom the Act grants legal capacity.

2. The provisions of Chapter1 and 2 shall not apply to employees within the scope of the regulated provisions of the Act of 26 June 1974. -Labour Code (Dz. U. 1998 r. No 21, pos. 94, z późn. 1. ³⁾ ).

Article 3. [ Definitions] Whenever there is a law in the law:

1) direct discrimination-this is understood by a situation in which a natural person on the grounds of sex, race, ethnicity, nationality, religion, religion, worldview, disability, age or sexual orientation is treated less it favourasthan is, was or would be treated as another person in a comparable situation;

(2) indirect discrimination-This is understood by a situation in which, for a natural person on the grounds of sex, race, ethnic origin, nationality, religion, religion, worldview, disability, age or sexual orientation as a result of an apparent sexual orientation, a neutral provision, the criterion used or the action taken, or could have adverse disproportions or a particularly negative situation, unless the order, criterion or action is objectively justified on the basis of the legitimate objective to be achieved and the measures for the Whereas the achievement of this objective is appropriate and necessary;

3. harassment-this means any unwanted conduct, the purpose or effect of which is to violate the dignity of a natural person and to create an intimidating, hostile, degrading, humiliating or expropriating atmosphere.

4) sexual harassment-this means any unwanted conduct of a sexual nature against a natural person or relating to sex, the purpose or effect of which is to violate the dignity of that person, in particular by creating a an intimizing, hostile, degrading, humiliating or derogatory atmosphere; this behaviour may consist of physical, verbal or non-verbal elements;

5) unequal treatment-it is understood by this treatment of natural persons in a manner which is one or more of the following behaviours: direct discrimination, indirect discrimination, harassment, sexual harassment, and less favourable treatment of a natural person resulting from the rejection of harassment or sexual harassment or subordination of sexual harassment or sexual harassment, and encouraging and prescribing such conduct;

(6) the principle of equal treatment, which is understood by the absence of any conduct which is unequal treatment;

(7) services-shall be understood by the services within the meaning of the Article. 57 Treaty on the Functioning of the European Union.

Article 4. [ Scope of application] The Act shall apply to the extent of:

(1) undertake vocational training, including education, training, retraining and apprgitilation;

2) the conditions for the taking up and pursuit of an economic or professional activity, including, in particular, as part of a employment relationship or a work on the basis of a civil-law contract;

3) access and act in trade unions, employers ' organisations and professional self-governments, and the exercise of the powers of the members of these organizations;

4) access and conditions of use:

(a) labour market instruments and labour market services as defined in the Act of 20 April 2004. on the promotion of employment and labour market institutions (Dz. U. of 2008 Nr 69, pos. 415, of late. 1. ⁴⁾ ) the labour market and labour market instruments offered by the labour market and labour market services offered by other entities active in employment, development of human resources and counteracting unemployment,

(b) social security,

(c) health care,

(d) education and higher education,

(e) services, including housing services, goods and the acquisition of rights and energy, if they are offered to the public.

Article 5. [ Exemption of application] The Act shall not apply to:

1) the spheres of private and family life and the legal acts remaining in connection with these spheres;

2) the content of the mass media and the notices in terms of access and supply of goods and services, in the scope of the different treatment on grounds of sex;

3) the freedom to choose the party of the contract, as long as it is not based on gender, race, ethnicity or nationality;

4) educational services in the area of different sex treatment;

5) variety of treatment on grounds of sex in access and conditions of use of services, things and the acquisition of rights or energy, if their provision solely or principally to the representatives of one sex is objectively and reasonably justified by the aim the legitimate and the means of achieving that aim are appropriate and necessary;

6. different treatment as to the possibilities and conditions for the taking up and pursuit of the professional activities and the taking, taking and completion of a vocational training course, including in the field of higher education, if the type or conditions the pursuit of a given professional activity causes that the reason for the difference in treatment is the actual and decisive professional requirement of the natural person concerned, proportionate to the attainment of the legitimate objective of diversifying the situation in question. persons;

7) curtailing by churches and other religious associations, as well as organizations whose ethics is based on religion, religion or belief, access to professional activity and its exercise due to religion, religion or worldview, if the type or conditions for the pursuit of such an activity causes religion, religion or belief to be the actual and decisive professional requirement of the natural person concerned, proportionate to the attainment of the legitimate objective differentiation of the person's situation; this also applies to the requirements of employed persons physical acts in good faith and loyalty to the ethics of the church, another religious union and organizations whose ethics is based on religion, religion or belief;

8) different treatment of natural persons on account of age:

(a) where it is objectively and reasonably justified by a legitimate objective, in particular the objectives of vocational training, provided that the means of achieving that aim are appropriate and necessary,

(b) to determine, for the purposes of social security, different rules for granting or acquiring entitlement to benefits, including different age criteria for calculating the amount of benefits; in the case of occupational pension schemes such different the treatment is acceptable, provided that it does not constitute discrimination on grounds of sex;

9) disparate treatment on account of the criterion of citizenship, in particular as regards the conditions of entry and residence in the territory of the Republic of Poland and related legal status, natural persons who are citizens of non-State Member States of the European Union, the Member States of the European Free Trade Agreement (EFTA), the parties to the Agreement on the European Economic Area or the Swiss Confederation.

Chapter 2

Principle of equal treatment and legal remedies for its protection

Article 6. [ The principle of equal treatment in terms of access and conditions for the use of social security] The unequal treatment of natural persons on grounds of sex, race, ethnic origin or nationality in terms of access and conditions of use of social security, services, including housing services, goods and acquisition of rights, or the acquisition of rights, shall be prohibited or prohibited. energy, if they are offered to the public.

Article 7. [ Principle of equal treatment in health care and education and higher education] Unequal treatment of natural persons on grounds of race, ethnicity or nationality in the areas of health care and education and higher education shall be prohibited.

Article 8. [ Principle of equal treatment in other areas] 1. Disequal treatment of individuals on grounds of sex, race, ethnicity, nationality, religion, religion, belief, disability, age or sexual orientation shall be prohibited in the following areas:

(1) undertake vocational training, including education, training, retraining and apprgitilation;

2) the conditions for the taking up and pursuit of an economic or professional activity, including, in particular, as part of a employment relationship or a work on the basis of a civil-law contract;

3) access and act in trade unions, employers ' organisations and professional self-governments, and the exercise of the powers of the members of these organizations;

4) access and conditions for the use of labour market instruments and labour market services as defined in the Act of 20 April 2004. on the promotion of employment and labour market institutions offered by labour market institutions and labour market instruments and labour market services offered by other entities working for employment, development of human resources and countermeasures unemployment.

2. It shall not constitute a breach of the prohibition referred to in paragraph 1. 1, unequal treatment on the grounds of religion, religion, worldview, disability, age or sexual orientation in taking the measures necessary in a democratic state for its public security and order, health protection or to protect the freedom and rights of others and to prevent actions under criminal sanctions, to the extent specified in other provisions.

Article 9. [ Prohibition of encouraging unequal treatment or ordering unequal treatment] It shall be prohibited to encourage unequal treatment or to prescribe the unequal treatment set out in Article 4. 6, art. 7 and art. 8 ust. 1.

Article 10. [ The principle of equal treatment of legal persons and organizational units not legal persons] To the extent specified in the Article. 6, art. 7, art. 8 ust. 1 and Art. 9 the unequal treatment of legal persons and organisational units which are not legal persons, respectively, to which the Act grants legal capacity, if the breach of the principle of equal treatment takes place on the grounds of race, origin ethnic or nationality of their members.

Article 11. [ Infringement of the principle of equal treatment] It shall not constitute an infringement of the principle of equal treatment to take action to prevent unequal treatment or to compensate for the inconvenience of unequal treatment which underlies one or more of the reasons referred to in Article 4. 1.

Article 12. [ Violation of the principle of equal treatment related to pregnancy and leave] 1. [ 1] In the case of breaches of the principle of equal treatment set out in this Act, in relation to a natural person, including in connection with pregnancy, maternity leave, leave on the terms of maternity leave, paternity leave, parental leave, or Parental leave, natural persons shall be entitled to a claim as referred to in Article 4. 13.

2. In the case of infringements referred to in art. 10, the claim referred to in art. 13, shall be entitled to legal persons and organisational entities which are not legal persons to which the law grants legal capacity if the infringement has been committed against them.

Article 13. [ Right to compensation] 1. Any person whose principle of equal treatment has been infringed shall have the right to compensation.

2. In cases of infringement of the principle of equal treatment, the provisions of the Act of 23 April 1964 shall apply. -Civil Code (Dz. U. No 16, pos. 93, with late. 1. ⁵⁾ ).

Article 14. [ Application of the Civil Procedure Code] 1. The provisions of the Act of 17 November 1964 shall apply to proceedings for infringement of the principle of equal treatment. -Code of Civil Procedure (Dz. U. Nr 43, pos. 296, of late. 1. ⁶⁾ ).

2. Who accuses the breach of the principle of equal treatment, prima facie evidence of the breach of the principle of equal treatment.

(3) In the event of a prima facie case of infringement of the principle of equal treatment, the one to which a breach of that principle has been alleged shall be obliged to demonstrate that it has not committed the infringement.

Article 15. [ Limitation of claims for infringement of the principle of equal treatment] The limitation period for breaches of claims for breach of the principle of equal treatment shall be 3 years from the date on which the aggrieved party claims that the principle of equal treatment has been infringed, but no longer than 5 years after the occurrence of the event constituting the violation of this principle.

Article 16. [ Investigation of claims under the Act] The investigation of claims under this Act does not deprive the right to pursue claims under the provisions of other laws.

Article 17. [ Prohibition of negative consequences for the exercise of the powers conferred on the principle of equal treatment] (1) The exercise of the powers of a breach of the principle of equal treatment cannot be the basis for unfavourable treatment and must not give rise to any negative consequences for those who have benefited from them.

2. Paragraph Recipe 1 shall also apply to the person who has granted in any form of support to the beneficiary of the powers conferred on the infringement of the principle of equal treatment.

3. The cases referred to in paragraph. 1 and 2, the provisions of Article 1 shall apply. 13-15.

Chapter 3

Competent authorities in counteracting infringements of the principle of equal treatment

Article 18. [ Bodies responsible for carrying out tasks concerning the implementation of the principle of equal treatment] The performance of the tasks relating to the implementation of the principle of equal treatment shall be entrusted to the Ombudsman and the representative of the Government for equal treatment.

Article 19. [ Ombudsman] The Ombudsman shall perform the tasks relating to the implementation of the principle of equal treatment in accordance with the rules and procedures laid down in the separate provisions.

Article 20. [ Attorney of the Government for Equal Treatment] 1. The Plenipotentiary of the Government for Equal Treatment, hereinafter referred to as the "Plenipotentiary", shall appoint and dismiss the President of the Council of Ministers.

2. The Plenipotentiary shall be governed by the Prime Minister.

3. The Plenipotentiary is the Secretary of State in the Chancellery of the Prime Minister.

4. Technical, organizational and legal services, technical and office services of the Plenipotentiary shall be provided by the Chancellery of the Prime Minister.

Article 21. [ Plenipotentiary's Tasks] 1. The tasks of the Plenipotentiary shall be implemented by the Government's policy on the principle of equal treatment, including the prevention of discrimination, in particular on the grounds of sex, race, ethnicity, nationality, religion, religion, worldview, age, disability and sexual orientation.

2. The tasks of the Plenipotentiary shall be in particular:

1) the development and opinion of draft legal acts in the field of equal treatment;

2) carrying out analyses and assessments of legal solutions in terms of respecting the principle of equal treatment, and the presence of the competent authorities with requests for the issue of, or amendment of, legal acts in matters belonging to the Plenipotentiary;

3) taking action to eliminate or limit the effects of the infringement of the principle of equal treatment;

4) making analyses and assessments of the legal and social situation in the scope referred to in the paragraph. 1, and the initiation, implementation, coordination or monitoring of activities aimed at ensuring equal treatment, as well as protection against discrimination;

5) monitoring the situation as regards compliance with the principle of equal treatment;

6. promoting, disseminating and promoting the issue of equal treatment;

7. cooperation with national social organisations, including trade unions and employers ' organisations.

3. The tasks of the Plenipotentiary shall also be:

1) cooperation in matters relating to equal treatment and counteracting discrimination with other countries, organizations and international and foreign institutions,

2) cooperation in the preparation of reports and reports on the implementation of binding Republic of Poland of international agreements on the principle of equal treatment and counteracting discrimination,

3) presentation of opinions on the possibility of accession by the Republic of Poland to international agreements on the principle of equal treatment and anti-discrimination

-in agreement with the relevant ministers.

4. The Plenipotentiary may submit, with the consent of the President of the Council of Ministers, the draft government documents, resulting from the scope of its action, including the programmes for the principle of equal treatment and the prevention of discrimination, to consideration by the Council of Ministers.

5. The Plenipotentiary may initiate, implement, coordinate or monitor programmes for the principle of equal treatment and to counteract violations of the principle of equal treatment, in cooperation with the relevant ministers.

6. The Plenipotentiary may enter into programmes or projects co-financed from the measures referred to in art. 5 par. 1 point 2 of the Act of 27 August 2009. on public finances (Dz. U. Nr. 157, pos. 1240, with late. 1. ⁷⁾ ), concerning equal treatment and anti-discrimination, and carry out these programmes or projects.

7. Tasks related to the counteraction of discrimination on the grounds of disability of the Plenipotentiary shall perform in cooperation with the Plenipotentiary of the Government for the Affairs of Persons with Disabilities.

Article 22. [ Action programme for equal treatment] The Plenipotentiary shall draw up and submit to the Council of Ministers the National Action Programme for Equal Treatment, setting out the objectives and priorities of the action for equal treatment, in particular in the field of:

1) raising public awareness in the area of equal treatment, including on the causes and effects of the breach of the principle of equal treatment;

2. counteracting violations of the principle of equal treatment;

3) cooperation with social partners, non-governmental organisations and other entities in the area of equal treatment.

Article 23. [ Report of Plenipotentiary] The representative shall draw up and submit to the Council of Ministers, by 31 March of each year, a report for the previous calendar year, containing:

1) information on the activities carried out in the field of equal treatment and the results thereof;

2) the conclusions and recommendations on the actions to be taken to ensure compliance with the principle of equal treatment;

3) a report on the implementation of the National Action Programme for Equal Treatment, referred to in art. 22.

Chapter 4

Amendments to the provisions in force, transitional and final provisions

Article 24. [ Code of Administrative Procedure] In the Act of 14 June 1960. -The Code of Administrative Procedure (Dz. U. 2000 r. Nr 98, pos. 1071, of late. 1. ⁸⁾ ) the following amendments shall be made:

1) after art. Rule 145a is inserted. 145b as follows:

" Art. 145b. § 1. The resumption of proceedings may also be requested in the event that a judgment of the court of law establishing an infringement of the principle of equal treatment has been given, in accordance with the Act of 3 December 2010. to implement certain provisions of the European Union in the field of equal treatment (Dz. U. No 254, pos. (1700) if the infringement of that principle had an impact on the outcome of the case concluded by a final decision.

§ 2. In the situation referred to in paragraph 1, the application for renewal shall be lodged within one month from the date on which the decision of the court is entitled to be lodged. ';

2. in Art. 146 § 1 is replaced by the following:

" § 1. Repeal of the decision on the grounds referred to in Article 145 § 1 (1) and (2) shall not take place if, from the date of service or the announcement of the decision, a period of 10 years has elapsed and for the reasons set out in the Article 145 § 1 points 3-8 and in Article 145a and art. 145b, if five years have elapsed since the date of service or the announcement of the decision. ';

3. Article 147 is amended as follows:

" Art. 147. The resumption of proceedings shall take place at the request of the party. Resumption of proceedings for the reason referred to in Article 145 § 1 pt. 4 and in art. 145a and art. 145b shall be made only at the request of the party. ';

4) in art. 151 § 1 is replaced by the following:

" § 1. Public administration authority referred to in art. 150, following the procedure laid down in Article 4 (1). Article 149 (2) gives a decision in which:

1) refuses to repeal the existing decision when it finds that there are no grounds for its repeal on the basis of art. 145 § 1, art. 145a or art. 145b, or

2) repeals the decision so far as it determines the existence of the grounds for its repeal on the basis of art. 145 § 1, art. 145a or art. 145b, and issue a new decision on the substance of the matter. '

Article 25. [ Labour Code] In the Act of 26 June 1974. -Labour Code (Dz. U. 1998 r. No 21, pos. 94, z późn. 1. ⁹⁾ ) in Article 18 ^3b Paragraph 4 is replaced by the following:

" § 4. It does not constitute an infringement of the principle of equal treatment of restriction by churches and other religious associations, as well as organisations whose ethics is based on religion, religion or belief, access to employment, religion, religion or belief, religion or belief, religion or belief, religion or belief, religion or belief, religion or belief, religion or belief, religion or belief, the worldview, if the nature or nature of the exercise of the activities of churches and other religious denomination, and the organisations, makes religion, religion or belief in the real and decisive professional requirement of the worker concerned, proportionate to the attainment of the legitimate objective of diversifying the situation of the persons; this also applies to the requirements of employed activities in good faith and loyalty to the ethics of the church, of another religious union and to organizations whose ethics is based on religion, religion or belief. "

Article 26. [ Law on the Ombudsman] In the Act of 15 July 1987 o The Ombudsman (Dz. U. of 2001. No 14, pos. 147, of late. 1. ¹⁰⁾ ) the following amendments shall be made:

1. the following reference No 1 shall be added to the title:

" ¹⁾ This Act shall apply to the implementation of the following Directives of the European Communities as regards its implementation:

1) Council Directive 2000 /43/EC of 29 June 2000. the implementation of the principle of equal treatment of persons irrespective of racial or ethnic origin (Dz. Urz. EC L 180 of 19.07.2000, p. 22; Dz. Urz. EU Polish Special Edition, rozdz. 20, t. 1, str. 23);

2. Council Directive 2004 /113/EC of 13 December 2004. implementing the principle of equal treatment of men and women in the access to goods and services and the provision of goods and services (Dz. Urz. EU L 373, 21.12.2004, p. 37);

3) Directive 2006 /54/EC of the European Parliament and of the Council of 5 July 2006 on the implementation of the principle of equal opportunities and equal treatment of women and men in matters of employment and occupation (recast) (Dz. Urz. EU L 204, 26.07.2006, p. 23). ';

2. in Art. 1 (1) 2.

" 2. The Ombudsman, hereinafter referred to as the "Ombudsman", stands on the guard of the freedom and human rights and the citizen specified in the Constitution of the Republic of Poland and in other normative acts, including the upholding of the principle of equal treatment. ';

3. Article 8 is replaced by the following

" Art. 8. The Ombudsman shall take the steps provided for in the Act if he has received a message indicating an infringement of freedom and of human rights and of the citizen, including the principle of equal treatment. ';

4) in art. 11 of the current content is defined as the paragraph. 1 and adds paragraph. 2 as follows:

" 2. As regards the implementation of the principle of equal treatment between private entities, the Ombudsman may take the measures referred to in paragraph 1. 1 point 2. ';

5) art. 17a is replaced by the following:

" Art. 17a. The Ombudsman interacts with associations, civil movements, other voluntary associations and foundations, and with foreign and international bodies and organizations for the protection of freedom and human rights and the citizen, also in the field of equal treatment. ';

6) after art. 17a the following is added. 17b as follows:

" Art. 17b. The scope of the Ombudsman's action concerning the implementation of the principle of equal treatment must also be:

1) analyse, monitor and promote equal treatment of all persons,

2) conducting independent research on discrimination,

3. developing and issuing independent reports and making recommendations on the problems of discrimination. ';

7) art. 18 is replaced by the following

" Art. 18. The provisions of the Law on the Protection of Freedom and Human Rights and Citizen shall also apply mutatis mutandis to:

1) persons who are not Polish citizens, who are under the authority of the Republic of Poland-within the scope of their freedom and rights,

2) legal persons and organizational units which are not legal persons, to whom the Act grants legal capacity-to the extent specified in the provisions of the Act of 3 December 2010. to implement certain provisions of the European Union in the field of equal treatment (Dz. U. No 254, pos. 1700). ';

8) in art. 19 (1) 1 is replaced by the following

" 1. The Ombudsman shall annually inform the Sejm and the Senate of his activities and of the state of respect for freedom and human rights and of the citizen, including the transfer of:

1) information about the activity carried out in the area of equal treatment and its results,

2) information on the observance of the principle of equal treatment in the Republic of Poland, prepared in particular on the basis of the research referred to in art. 17b (2),

3) proposals and recommendations on the actions to be taken to ensure compliance with the principle of equal treatment. "

Article 27. [ Law on Professional and Social Rehabilitation and Employment of Persons with Disabilities] In the Act of 27 August 1997. about professional and social rehabilitation and employment of people with disabilities (Dz. U. of 2010 Nr 214, pos. 1407, Nr 217, poz. 1427, No 226, pos. 1475 and No. 238, pos. 1578) after art. 23 shall be inserted in Article 23. 23a as follows:

" Art. 23a. 1. The employer shall be obliged to provide the necessary reasonable improvements for the disabled person with a disability who is involved in the recruitment process or training, traineeships, professional training or appruse work or work experience or Alumni. The necessary reasonable improvements shall be to carry out the necessary changes or adjustments necessary for specific, notified employers of the needs arising from the person's disability, provided that such changes are carried out or the adjustments would not result in a disproportionate burden on the employer, subject to the provisions of paragraph 1. 2.

2. The loaders referred to in paragraph. 1, shall not be disproportionate if they are sufficiently compensated for by public funds.

3. Failure to make the necessary rational improvements referred to in the paragraph. 1, shall be deemed to be in breach of the principle of equal treatment in employment within the meaning of the provisions of Article 4 18 ^3a § 2-5 of the Act of 26 June 1974. -Labour Code. '

Article 28. [ Law on Social Security System] In the Act of 13 October 1998. o Social Security System (Dz. U. 2009 r. Nr 205, pos. 1585, as of late. 1. ¹¹⁾ ) in Article 2a (2) 1 is replaced by the following

" 1. The Act is on the basis of equal treatment of all insured persons irrespective of sex, race, ethnic origin, nationality, marital status and family status. '

Article 29. [ Law on the promotion of employment and labour market institutions] In the Act of 20 April 2004. on the promotion of employment and labour market institutions (Dz. U. of 2008 Nr 69, pos. 415, of late. 1. ¹²⁾ ) the following amendments shall be made:

1. The following fifth, sixth and seventh indents shall be added to the heading No 1 in respect of the Act:

'-Council Directive 2000 /43/EC of 29 June 2000 (1). the implementation of the principle of equal treatment of persons irrespective of racial or ethnic origin (Dz. Urz. EC L 180 of 19.07.2000, p. 22; Dz. Urz. EU Polish Special Edition, rozdz. 20, t. 1, str. 23),

-Council Directive 2000 /78/EC of 27 November 2000 (1). establishing a general framework for equal treatment in the field of employment and occupation (Dz. Urz. EC L 303, 02.12.2000, p. 16; Dz. Urz. EU Polish Special Edition, rozdz. 5, t. 4, str. 79),

-Directive 2006 /54/EC of the European Parliament and of the Council of 5 July 2006 on the implementation of the principle of equal opportunities and equal treatment of women and men in matters of employment and occupation (recast) (Dz. Urz. EU L 204, 26.07.2006, p. 23). ';

2) after art. 2 The following Article shall be inserted. 2a and art. 2b as follows:

" Art. 2a. The provisions of the Act protect the observance of the principle of equal treatment in access to and use of labour market services and labour market instruments irrespective of gender, race, ethnicity, nationality, religion, religion, worldview, disability, age or sexual orientation.

Article 2b. The provisions of the Act of 3 December 2010 shall apply to proceedings for infringement of the principle of equal treatment. to implement certain provisions of the European Union in the field of equal treatment (Dz. U. No 254, pos. 1700). '.

Article 30. [ Law on Capital Pension] In the Act of 21 November 2008. o retirement of capital (Dz. U. Nr 228, poz. 1507) art. 2.

" Art. 2. In determining the amount of capital pensions, the Act is on the ground equal treatment of all insured persons irrespective of sex, race, ethnic origin, nationality, state of health, marital status and family status. '

Article 31. [ Attorney of the Government for Equal Treatment] Representative of the Government for Equal Treatment established and established on the basis of art. 10 para. 1 and 3 of the Act of 8 August 1996. o Council of Ministers (Dz. U. 2003 r. No 24, pos. 199, with late-night 1. ¹³⁾ ) becomes the Plenipotentiary of the Government for Equal Treatment within the meaning of this Act.

Article 32. [ First report and first report on the implementation of the National Action Programme for Equal Treatment] First report referred to in art. 23, the Plenipotentiary of the Government for Equal Treatment shall submit to the Council of Ministers by 31 March 2012, with the first report on the implementation of the National Action Programme for Equal Treatment-by 31 March 2013.

Article 33. [ Entry into force] The Act shall enter into force on 1 January 2011.

¹⁾ This Act shall apply to the implementation of the following Directives of the European Communities as regards its implementation:

1) Council Directive 86 /613/EEC of 11 December 1986. on the application of the principle of equal treatment for self-employed men and women, including in agriculture, and on the protection of self-employed women during pregnancy and maternity (Dz. Urz. EC L 359 of 19.12.1986, p. 56; Dz. Urz. EU Polish Special Edition, rozdz. 5, t. 1, str. 330);

2) Council Directive 2000 /43/EC of 29 June 2000. the implementation of the principle of equal treatment of persons irrespective of racial or ethnic origin (Dz. Urz. EC L 180 of 19.07.2000, p. 22; Dz. Urz. EU Polish Special Edition, rozdz. 20, t. 1, str. 23);

3) Council Directive 2000 /78/EC of 27 November 2000. establishing a general framework for equal treatment in the field of employment and occupation (Dz. Urz. EC L 303, 02.12.2000, p. 16; Dz. Urz. EU Polish Special Edition, rozdz. 5, t. 4, str. 79);

4) Council Directive 2004 /113/EC of 13 December 2004. implementing the principle of equal treatment of men and women in the access to goods and services and the provision of goods and services (Dz. Urz. EU L 373, 21.12.2004, p. 37);

5) Directive 2006 /54/EC of the European Parliament and of the Council of 5 July 2006. on the implementation of the principle of equal opportunities and equal treatment of women and men in matters of employment and occupation (recast) (Dz. Urz. EU L 204, 26.07.2006, p. 23).

²⁾ This Act is amended by the Act of 14 June 1960. -Code of Administrative Procedure, Act of 26 June 1974. -Labour Code, Law of 15 July 1987. o The Ombudsman, the Act of 27 August 1997. of the employment and social rehabilitation and employment of disabled persons, the Act of 13 October 1998. o Social Security System, the Act of 20 April 2004. on the promotion of employment and labour market institutions and the Act of 21 November 2008. about capital pensions.

³⁾ Amendments to the text of the single law have been announced in the Dz. U. 1998 r. No. 106, pos. 668 i Nr 113, poz. 717, 1999 Nr 99, pos. 1152, of 2000 No 19, pos. 239, Nr 43, pos. 489, No. 107, pos. 1127 and No. 120, pos. 1268, 2001 No 11, pos. 84, Nr 28, pos. 301, Nr 52, pos. 538, Nr 99, pos. 1075, Nr 111, poz. 1194, No 123, pos. 1354, Nr 128, poz. 1405 and No. 154, pos. 1805, of 2002. No. 74, item. 676, No. 135, pos. 1146, No. 196, item. 1660, Nr 199, pos. 1673 and No. 200, pos. 1679, 2003 Nr 166, pos. 1608 i Nr 213, poz. 2081, 2004 Nr 96, pos. 959, Nr 99, pos. 1001, Nr 120, poz. 1252 and No. 240, pos. 2407, of 2005 Nr 10, pos. 71, Nr 68, poz. 610, Nr 86, pos. 732 and No 167, pos. 1398, of 2006. Nr 104, pos. 708 and 711, No. 133, pos. 935, Nr 217, poz. 1587 and No. 221, pos. 1615, 2007 No. 64, pos. 426, Nr. 89, pos. 589, Nr 176, pos. 1239, Nr 181, pos. 1288 and No. 225, pos. 1672, 2008 Nr 93, pos. 586, Nr 116, pos. 740, No. 223, pos. 1460 and No. 237, pos. 1654, of 2009 Nr 6, pos. 33, Nr 56, poz. 458, Nr 58, poz. 485, Nr. 98, pos. 817, Nr 99, poz. 825, No. 115, pos. 958, Nr 157, poz. 1241 and No. 219, pos. 1704 and 2010 Nr 105, pos. 655, Nr 135, poz. 912, Nr 182, poz. 1228, No 224, pos. 1452 and No. 249, pos. 1655.

⁴⁾ Amendments to the text of the single law have been announced in the Dz. U. of 2008 Nr 70, poz. 416, Nr 134, pos. 850, Nr 171, pos. 1056, Nr 216, pos. 1367 and No. 237, pos. 1654, of 2009 Nr 6, pos. 33, Nr 69, poz. 595, Nr 91, poz. 742, Nr 97, poz. 800, Nr 115, poz. 964, No 125, pos. 1035, Nr 127, pos. 1052, Nr 161, pos. 1278 and No. 219, pos. 1706 and 2010 Nr 28, pos. 146, No. 81, pos. 531 and No. 238, pos. 1578.

⁵⁾ The amendments to the said Act were announced in Dz. U. of 1971. Nr 27, pos. 252, of 1976. No 19, pos. 122, of 1982 No 11, pos. 81, Nr 19, poz. 147 and No. 30, pos. 210, of 1984 Nr 45, poz. 242, of 1985. Nr 22, pos. 99, of 1989. No 3, pos. 11, of 1990. Nr 34, pos. 198, Nr 55, poz. 321 and No. 79, pos. 464, of 1991 No. 107, item. 464 i Nr 115, poz. 496, of 1993 No 17, pos. 78, of 1994. Nr 27, pos. 96, Nr 85, poz. 388 and No. 105, pos. 509, of 1995. Nr 83, pos. 417, 1996 No. 114, item. 542, Nr 139, pos. 646 i Nr 149, poz. 703, of 1997 Nr 43, pos. 272, Nr 115, pos. 741, Nr 117, pos. 751 and No. 157, pos. 1040, of 1998 No. 106, pos. 668 i Nr 117, poz. 758, 1999 Nr 52, pos. 532, of 2000 Nr 22, pos. 271, No 74, pos. 855 and 857, Nr. 88, pos. 983 i No 114, pos. 1191, 2001 No 11, pos. 91, No. 71, pos. 733, Nr 130, poz. 1450 and No. 145, pos. 1638, 2002 Nr 113, pos. 984 and No. 141, pos. 1176, 2003 Nr 49, poz. 408, Nr 60, poz. 535, Nr 64, pos. 592 and Nr 124, pos. 1151, 2004 Nr 91, pos. 870, Nr 96, poz. 959, Nr 162, pos. 1692, Nr 172, pos. 1804 and Nr 281, poz. 2783, of 2005 Nr 48, poz. 462, Nr 157, pos. 1316 and Nr 172, pos. 1438, of 2006 No. 133, item. 935 i No 164, pos. 1166, 2007 Nr 80, pos. 538, Nr 82, pos. 557 and No. 181, pos. 1287, 2008 Nr 116, pos. 731, Nr 163, pos. 1012, Nr 220, poz. 1425 and 1431 and Nr 228, pos. 1506, 2009 Nr 42, pos. 341, Nr. 79, pos. 662 and No. 131, pos. 1075 and 2010 Nr 40, pos. 222 and No. 155, pos. 1037.

⁶⁾ The amendments to the said Act were announced in Dz. U. of 1965 Nr 15, pos. 113, of 1974 Nr 27, pos. 157 and No 39, pos. 231, 1975. Nr 45, poz. 234, z 1982 r. No 11, pos. 82 and No. 30, pos. 210, 1983 Nr 5, pos. 33, of 1984 Nr 45, poz. 241 and 242, 1985. Nr 20, pos. 86, of 1987. No 21, pos. 123, 1988 Nr 41, pos. 324, of 1989 No 4, pos. 21 and No. 33, pos. 175, of 1990 No 14, pos. 88, Nr 34, poz. 198, Nr 53, poz. 306, Nr 55, pos. 318 and No. 79, pos. 464, of 1991 No. 7, pos. 24, No 22, pos. 92 and No. 115, pos. 496, of 1993 No 12, pos. 53, 1994 Nr 105, pos. 509, of 1995. Nr 83, pos. 417, 1996 No 24, pos. 110, Nr 43, pos. 189, No 73, pos. 350 and Nr. 149, pos. 703, of 1997 Nr 43, pos. 270, Nr 54, poz. 348, No 75, pos. 471, No. 102, pos. 643, Nr 117, pos. 752, Nr 121, poz. 769 and 770, Nr 133, poz. 882, Nr 139, pos. 934, No 140, pos. 940 and No. 141, pos. 944, 1998 No. 106, pos. 668 i Nr 117, poz. 757, 1999 Nr 52, pos. 532, of 2000 Nr 22, pos. 269 and 271, No. 48, pos. 552 i 554, Nr 55, poz. 665, Nr 73, poz. 852, No 94, pos. 1037, No 114, pos. 1191 and 1193 and No 122, pos. 1314, 1319 and 1322, of 2001. No 4, pos. 27, Nr 49, poz. 508, No 63, pos. 635, Nr 98, poz. 1069, 1070, and 1071, Nr 123, pos. 1353, Nr 125, pos. 1368 and Nr 138, pos. 1546, 2002 Nr 25, pos. 253, No. 26, pos. 265, Nr 74, pos. 676, Nr 84, poz. 764, Nr 126, pos. 1069 and 1070, Nr 129, pos. 1102, No. 153, pos. 1271, Nr 219, poz. 1849 and No. 240, pos. 2058, 2003 Nr 41, pos. 360, Nr 42, poz. 363, Nr 60, pos. 535, Nr 109, pos. 1035, Nr 119, poz. 1121, No. 130, pos. 1188, Nr 139, pos. 1323, Nr 199, pos. 1939 and No. 228, pos. 2255, 2004 Nr 9, pos. 75, Nr 11, pos. 101, Nr 68, pos. 623, Nr 91, poz. 871, Nr 93, poz. 891, Nr 121, poz. 1264, Nr 162, pos. 1691, Nr 169, poz. 1783, Nr 172, pos. 1804, Nr 204, poz. 2091, Nr 210, pos. 2135, No 236, pos. 2356 and No. 237, pos. 2384, of 2005 No 13, pos. 98, Nr 22, poz. 185, Nr 86, pos. 732, No 122, pos. 1024, No. 143, pos. 1199, No. 150, pos. 1239, Nr 167, pos. 1398, Nr 169, poz. 1413 and 1417, Nr 172, pos. 1438, Nr 178, pos. 1478, Nr 183, poz. 1538, No. 264, pos. 2205 and No. 267, pos. 2258, 2006 No 12, pos. 66, No 66, pos. 466, Nr 104, poz. 708 and 711, No. 186, pos. 1379, Nr 208, poz. 1537 and 1540, No. 226, pos. 1656 and Nr 235, pos. 1699, 2007 No. 7, pos. 58, Nr 47, poz. 319, No. 50, pos. 331, No. 99, pos. 662, Nr 106, poz. 731, Nr 112, poz. 766 and 769, No. 115, pos. 794, Nr 121, poz. 831, Nr 123, pos. 849, Nr 176, pos. 1243, Nr 181, pos. 1287, No. 192, pos. 1378 and Nr. 247, pos. 1845, 2008 Nr 59, pos. 367, No 96, pos. 609 and 619, Nr 110, poz. 706, Nr 116, poz. 731, Nr 119, poz. 772, Nr 120, poz. 779, No. 122, pos. 796, Nr 171, pos. 1056, Nr 220, poz. 1431, Nr 228, poz. 1507, Nr 231, poz. 1547 and No. 234, pos. 1571, 2009 Nr 26, pos. 156, Nr 67, pos. 571, No. 69, pos. 592 and 593, No. 131, pos. 1075, Nr 179, pos. 1395 i Nr 216, pos. 1676 and 2010 No 3, pos. 13, Nr 7, poz. 45, Nr 40, poz. 229, Nr 108, pos. 684, Nr 109, pos. 724, Nr 125, poz. 842, Nr 152, poz. 1018, Nr 155, poz. 1037, Nr 182, pos. 1228, No. 197, pos. 1307, Nr 215, poz. 1418 and No. 217, pos. 1435.

⁷⁾ The amendments to the said Act were announced in Dz. U. of 2010 Nr 28, pos. 146, Nr 96, poz. 620, Nr 123, pos. 835, Nr 152, pos. 1020 and No. 238, pos. 1578.

⁸⁾ Amendments to the text of the single law have been announced in the Dz. U. of 2001. Nr 49, poz. 509, of 2002. Nr 113, pos. 984, No. 153, pos. 1271 and No. 169, pos. 1387, 2003 Nr 130, pos. 1188 and No. 170, pos. 1660, 2004 Nr 162, pos. 1692, 2005 No. 64, pos. 565, Nr. 78, pos. 682 and No. 181, pos. 1524, 2008 No. 229, item. 1539, 2009 No. 195, pos. 1501 and No. 216, pos. 1676 and 2010 Nr 40, pos. 230, No 167, pos. 1131 and No. 182, pos. 1228.

⁹⁾ Amendments to the text of the single law have been announced in the Dz. U. 1998 No. 106, pos. 668 i Nr 113, poz. 717, 1999 Nr 99, pos. 1152, of 2000 No 19, pos. 239, Nr 43, pos. 489, No. 107, pos. 1127 and No. 120, pos. 1268, 2001 No 11, pos. 84, Nr 28, pos. 301, Nr 52, pos. 538, Nr 99, pos. 1075, Nr 111, poz. 1194, No 123, pos. 1354, Nr 128, poz. 1405 and No. 154, pos. 1805, of 2002. No. 74, item. 676, No. 135, pos. 1146, No. 196, item. 1660, Nr 199, pos. 1673 and No. 200, pos. 1679, 2003 Nr 166, pos. 1608 i Nr 213, poz. 2081, 2004 Nr 96, pos. 959, Nr 99, pos. 1001, Nr 120, poz. 1252 and No. 240, pos. 2407, of 2005 Nr 10, pos. 71, Nr 68, poz. 610, Nr 86, pos. 732 and No 167, pos. 1398, of 2006. Nr 104, pos. 708 and 711, No. 133, pos. 935, Nr 217, poz. 1587 and No. 221, pos. 1615, 2007 No. 64, pos. 426, Nr. 89, pos. 589, Nr 176, pos. 1239, Nr 181, pos. 1288 and No. 225, pos. 1672, 2008 Nr 93, pos. 586, Nr 116, pos. 740, No. 223, pos. 1460 and No. 237, pos. 1654, of 2009 Nr 6, pos. 33, Nr 56, poz. 458, Nr 58, poz. 485, Nr. 98, pos. 817, Nr 99, poz. 825, No. 115, pos. 958, Nr 157, poz. 1241 and No. 219, pos. 1704 and 2010 Nr 105, pos. 655, Nr 135, poz. 912, Nr 182, poz. 1228, No 224, pos. 1459 and No. 249, pos. 1655.

¹⁰⁾ Amendments to the text of the single law have been announced in the Dz. U. 2007 Nr 25, pos. 162 and 2010 No. 182, pos. 1228, No. 197, pos. 1307 i Nr 202, poz. 1343.

¹¹⁾ Amendments to the text of the single law have been announced in the Dz. U. 2009 r. No. 218, item. 1690 and 2010 Nr 105, pos. 668, Nr 182, poz. 1228 and No. 225, pos. 1474.

¹²⁾ Amendments to the text of the single law have been announced in the Dz. U. of 2008 Nr 70, poz. 416, Nr 134, pos. 850, Nr 171, pos. 1056, Nr 216, pos. 1367 and No. 237, pos. 1654, of 2009 Nr 6, pos. 33, Nr 69, poz. 595, Nr 91, poz. 742, Nr 97, poz. 800, Nr 115, poz. 964, No 125, pos. 1035, Nr 127, pos. 1052, Nr 161, pos. 1278 and No. 219, pos. 1706 and 2010 Nr 28, pos. 146 and No. 81, pos. 531.

¹³⁾ Amendments to the text of the single law have been announced in the Dz. U. 2003 r. Nr 80, pos. 717, 2004 No. 238, pos. 2390 and No. 273, pos. 2703, of 2005 No 169, pos. 1414 and No. 249, pos. 2104, 2006 Nr 45, poz. 319, Nr 170, pos. 1217 and No. 220, pos. 1600, 2008 No. 227, pos. 1505, of 2009 Nr 42, pos. 337, No 98, pos. 817, Nr 157, pos. 1241 and No. 161, pos. 1277 and 2010 No. 57, item. 354.

[ 1] Article 12 (1) 1 in the wording set by Article 1. 27 of the Act of 24 July 2015. Amendment of the Act-Labour Code and some other laws (Journal of Laws of the Law of the European Union 1268). The amendment came into force on 2 January 2016.