Who must prove the absence of discrimination when an automated assessment is disputed?
Under the Labour Code, where a candidate or an employee points to facts creating a reasonable presumption of a violation of the non-discrimination ban, the burden of proof passes to the employer. The rule applies equally to automated decisions — the employer must be able to justify the system's criteria and outcomes.
What does an employer face for violating the non-discrimination principle?
The violation results in a warning or a fine under the procedure of paragraph 1 of Article 77 of the Code, at three times the amount of the respective fine. A repeat of the same act within 1 calendar year from the imposition of the penalty leads to a fine at twice the amount of the fine for the respective violation.
Can an algorithm reduce maternity-related leave?
No. Paid leave for pregnancy and childbirth is 126 calendar days, or 143 calendar days for a complicated delivery or twins; childcare leave amounts to 604 calendar days (587 in those cases), of which 57 calendar days are paid. These minima bind automated systems as well.
Which rules govern parental and adoption leave?
Childcare leave may be used in full or in part by the child's mother or father, with 2 weeks' advance notice to the employer. On adoption of a child under 1 year of age, leave of 550 calendar days from the child's birth is granted, of which 90 calendar days are paid.
