Improving employees’ professional qualifications: effective methods for professional development without discrimination

Improving the professional qualifications of employees seems to be crucial to maintain the competitiveness of a company. On the other hand, employers are obliged to facilitate the acquisition of new skills and knowledge by employees, which is clearly stipulated in Article 17 of the Polish Labour Code Act of 26 June 1974 (i.e. Journal of Laws of 2023, item 1465; hereinafter: ,,Labour Code”). When deciding to support an employee in the development of his or her competences, it should be borne in mind that this should be done in a thoughtful and fair manner, taking into account the principles of anti-discrimination.

Employer’s obligation: facilitating employees’ skills development

Article 17 of the Labour Code stipulates that the employer is obliged to facilitate the improvement of professional qualifications for employees. Raising professional qualifications is understood as the acquisition or supplementation of knowledge and skills by an employee, either on the employer’s initiative or with the employer’s consent. This means that the employer should support its employees in their pursuit of professional development by organising training, courses or agreeing to the employee’s participation in such initiatives. In practice, this may include various forms of support, such as providing paid training leave, funding attendance at professional conferences, or providing access to internal training programmes.

Rule of equal treatment in access to training

Article 18^3a of the Labour Code introduces the principle of equal treatment of employees in employment, including access to training to improve professional qualifications. The employer must ensure that all employees have equal access to professional development opportunities, irrespective of gender, age, disability, race, religion, nationality, political beliefs, trade union membership, ethnic origin, religion, sexual orientation, type of contract or working hours.

The employer must ensure that every team member has the same opportunities for professional development. Information about available courses and opportunities should be communicated in a transparent and accessible manner.

Equal access to training, on the other hand, does not mean that every employee has to attend all available courses, but that employees in similar positions should have the same development opportunities. It is important that all employees in similar roles have access to the same or similar training and development programmes, which ensures fair treatment and levels the playing field for promotion and further professional development.

Direct and indirect discrimination

Violations of the principles of equal treatment can be of different nature. Direct discrimination, as defined in Article 18 (3a) § 3 of the Labour Code, occurs when an employee is treated less favourably than others in a comparable situation because of one of the above-mentioned characteristics. Indirect discrimination, on the other hand, occurs when apparently neutral criteria, provisions or actions result in a particularly disadvantageous disparity for a certain group of employees.

An example of indirect discrimination in the context of professional development of employees could be a situation where an employer offers training to employees of a certain occupational group at times when some of these employees – working part-time (e.g. those with parental responsibilities) – are unable to attend. Even if such hours are set without discriminatory intention, they may adversely affect this group of employees’ access to training.

Preventing discrimination: practical tips

Ensuring equal opportunities for professional development for all employees helps to avoid some employees being excluded from opportunities for promotion or development.

In order to prevent discrimination in access to training and upskilling, employers should regularly monitor employees’ participation in training and analyse the data for equality of access. The process of selecting employees for training should be transparent and based on clear, objective criteria.

It is also worth ensuring that general employee training is available in different forms (e.g. online, at different times) so that it is accessible to all employees, regardless of their individual circumstances.

Also, carrying out regular anti-discrimination training for managers and employees will help to increase their awareness and ability to identify and counteract discrimination, and developing and implementing an equal treatment policy will help to make clear the rules on access to training and upskilling.

Summary

Improving the professional skills of employees is not only the responsibility of the employer, but also an investment in the future of the organisation. It is crucial that this process takes place in a fair and legally compliant manner, preventing any form of discrimination. Employers should aim to create a working environment that supports the development of each employee, regardless of their individual characteristics, which will contribute to building a stronger and more diverse team.

We encourage you to contact our specialists, who will be happy to advise you on introducing an appropriate training policy in your organisation.

Author:
Zofia Kwiatkowska, Lawyer