Amended Labour Code – pay transparency at recruitment stage

The novelty comes in the form of Article 183^ca. It obliges employers to inform job seekers about the pay offered in the advertised position. This may be a specific figure or pay brackets set according to objective, gender-neutral criteria.

Remember that according to the applicable Labour Code definition, the term ‘pay’ is broad and includes all remuneration components, regardless of their name and nature, and o​ther work-related benefits granted to employees in cash or in kind. 

Moreover, if an employer is a party to a collective labour agreement or has a remuneration policy, candidates for the advertised position will have the right to obtain information about the respective provisions of the collective agreement or the remuneration policy.

Employers will have to communicate the above-mentioned details on paper or in electronic form well in advance so that the job candidates may negotiate in an informed and transparent manner. 

The amended act stipulates the following timeframe for the employer to notify the job seekers of the above aspects:

Moreover, the employer will have to make sure that the job advertisements and job titles are gender-neutral, and the recruitment process is non-discriminatory.

Moreover, the employer will not be allowed to ask job candidates about their pay in the current or previous jobs.

The draft act has been forwarded to the Senate and, once the legislative process is finished, it will enter into force within 6 months of the promulgation date.

The draft act introduces certain obligations specified in Directive (EU) 2023/970 of the European Parliament and of the Council of 10 May 2023 to strengthen the application of the principle of equal pay for equal work or work of equal value between men and women through pay transparency and enforcement mechanisms. 

 The goal of the Directive is to:

The EU Member States are required to transpose it by 7 June 2026. The Ministry of Family, Labour and Social Policy is working on the government proposal transposing the directive into the Polish law.

If you want to know how the Labour Code amendment and the Pay Equality and Transparency Directive may affect your business, you are welcome to contact us​. We provide labour law advice to entities operating in any sector and in any legal form.