Can you be fired from work for not wearing a bra?

A few days ago, the media reported on a Kalisz resident who was supposedly fired for not wearing a bra. Although the company denied that the termination of her employment contract was related to the lack of underwear, the topic became widely publicized, and the Minister of Labor, Agnieszka Dziemianowicz-Bąk, got involved in the case. We decided to check how Polish regulations refer to this issue.

– Polish law does not define the issue of employee attire, and the adopted dress code standards (dress code rules – ed.) are usually determined according to the position held by the employee – says Agnieszka Majewska, Ombudsman for Small and Medium-Sized Enterprises, in an interview with the business editorial office of tvn24.pl.

– I believe that the issue of wearing a bra at work is a far-reaching invasion of privacy, but I understand that it can be an important element of attire in a given workplace – she assesses.

He also explains that the Labor Code, despite the lack of regulations on the issue of wearing underwear, does mention compliance with the rules at work. principles of social coexistence. – In a situation where an employee’s appearance does not arouse undesirable emotions, their clothing should not be a problem – he points out.

He adds that there are situations, however, when taking up a job in a given position in a given place, it is easy to predict that the entrepreneur will expect the employee ensure appropriate attire. – Even if it is not indicated in the recruitment advertisement – explains Agnieszka Majewska. – Although even in this case, when the person observes the dress code and presents themselves elegantly, including covering their breasts, the requirement to wear a bra is already too personal – assesses the Ombudsman for Small and Medium-Sized Enterprises.

– These are very delicate issues. Because from the other side, an entrepreneur can also feel uncomfortable, when in his company an employee in an exposed position, who has direct contact with customers, arouses emotions with her outfit, for example by wearing a transparent blouse without underwear underneath – he points out.

In addition, as he explains, some companies, such as those operating in construction, may, and often must, require specific clothing in connection with health and safety regulations. This is, for example, a helmet or safety shoes. However, this does not apply to underwear.

– In reality, labor law only regulates social relations, which cannot always be rigidly defined within a specific framework. All we have left is common sense and personal culture, which are usually sufficient in terms of dress code in the workplace – explains the Spokesperson for Small and Medium-Sized Enterprises.

Szymon Suchcicki, attorney-at-law and managing partner at KAASS, explains that employers may include guidelines on employee attire in their regulations if it is justified by the type of work he does and specific I need a given company. – This also applies to underwear – he says in an interview with the business editorial office of tvn24.pl.

He adds that when an employee decides to work for a specific employer, he or she automatically agrees to the rules prevailing in a given companyincluding those concerning clothing. – If he has been familiar with the rules, he should definitely follow them – he emphasizes.

– For example, in an office, a bank or a business, it is standard for employees to dress in a clearly defined way, for example excluding flashy colours or decorations or omitting sportswear – emphasises Suchcicki.

In his opinion, the employer's image could be threatened in a situation where an employee's attire differed significantly from the attire considered appropriate in a given place and time, e.g. at a business meeting whether in the case of working with children. The same rules apply, for example, to the rules dress code in a restaurant. – When choosing an elegant venue, we accept that we should wear appropriate clothing. For example, men in shorts are not allowed inside such spaces. The same is true for the workplace – emphasizes Szymon Suchcicki.

He adds that the boundary of freedom has always been a flexible barrier, which is the result of a kind of compromise, and at the same time the principles of social coexistence. – We often encounter situations in everyday life when different interests are in conflict with each other and someone is forced to make certain concessions. Without a doubt, the discussed problem belongs to one of such situations and there is no universal solution. First of all, we should take into account the principles of health and safety, the principles of good taste and simple camaraderie, as well as the circumstances of each individual case – he explains.

Szymon Suchcicki also commented on the issue of a possible termination of employment contract for not wearing a bra. – It should be pointed out with full certainty that the employer's imposition of such consequences in a situation where an employee has broken the dress code is definitely too far-reaching – he explains.

– In an individual case that did not determine the subsequent negative consequences concerning, for example, the company's image or the loss of a customer, it would be enough drawing attention employee. Only in the case of disregarding the employer's remarks, one could resort to more decisive disciplinary methods. However, the dismissal itself should be at the very end of this path – he emphasizes.

However, it explains that each individual case should be assessed taking into account rules of common sense. – As long as in a situation where no underwear is not particularly visible and flashy, and does not violate any health and safety regulations, so it should not be used as a rule particularly harmful for the employer. For example, the lack of underwear in a uniform consisting of a tight white shirt, e.g. for a waitress in a restaurant, an airport employee or a receptionist, will constitute a completely different situation than the lack of a bra in the case of a loose dark uniform or when wearing a button-up jacket. It is not possible to generalize this issue on the basis of the currently applicable provisions of labor law and introduce one conclusion applicable in every case – sums up the attorney from the KAASS law firm.

Another aspect of the problem is pointed out by Ane Piżl, a paramedic, activist and journalist known from the “Miasto kobiet” program on TVN Style, as well as the initiator of the topfreedom.pl movement. In her opinion, it is an “equality issue”.

– If men don't have problems when their nipples are visible through their shirts, then everyone has the same right. Regardless of gender – the activist assessed in an interview with the business editorial office of tvn24.pl.

She adds that in her opinion, Poland needs solid equality education. – Expecting women and non-binary people to wear a bra under their clothes is unequal treatment and harmful sexualization – believes Ane Piżl.