Note: translated from Polish
The dress code is an important element of the performance of employee duties, as it directly affects the way the employee is perceived by both potential customers and the employer. The employee’s external appearance is often the first sign of professionalism and compliance with the values represented by the employer.
Although the provisions of the Labour Code do not directly regulate detailed requirements regarding clothing in the workplace, it should be pointed out that the appearance of an employee may be subject to specific standards resulting from the nature of the work performed, the position held or the representative function performed in the organizational structure.
The employer has the competence to determine the dress code applicable in the workplace, however, it should be remembered that the regulations introduced must not violate the personal dignity of employees or lead to any form of discrimination.
In the case law ref. no. III PSKP 21/24 of 25 February 2025 of the Supreme Court, a case arose in which the plaintiff accused the employer of discrimination on the basis of sex. As the Supreme Court rightly pointed out, the rules imposed on women were applied to a working person, which resulted in different requirements than in the case of men employed in a casino. Women employed in a given workplace were obliged to wear high-heeled shoes and to apply make-up in accordance with certain guidelines, which – according to the plaintiff – constituted stricter requirements than those to which men were subject.
When assessing whether a given practice constitutes discrimination, the principle of proportionality should be applied in each case, which makes it possible to assess whether the requirements regarding appearance are adequate to the type and nature of the work performed by the employee.
The Court of Justice of the European Union has repeatedly emphasised that discrimination does not have to apply only to an individual possessing a given legally protected characteristic – it can also occur in relation to people who would be treated differently because of their membership in a particular social group.
With the above in mind, employers should be particularly careful when formulating and implementing regulations on official attire. Improperly constructed procedures may be considered to violate the principle of equal treatment in employment.