Pay Transparency – Upcoming Amendments to the Polish Labour Code

The issue of pay transparency has long sparked debate among both employers and employees. Polish law has, so far, not required employers to disclose remuneration levels during the recruitment process, nor has it specified whether employers may ask candidates about their previous earnings.

This situation will soon change, following the implementation of the EU Pay Transparency Directive, which entered into force in 2023. Member States, including Poland, have until June 2026 to align their national legislation with the Directive’s requirements. In Poland, part of the implementing legislation has already been adopted and will enter into force on 24 December 2025.

The amendment to the Labour Code will introduce two key provisions – a new Article 183ca and an amended Article 221, both of which will affect the recruitment process.

Pay Transparency in Recruitment

The new Article 183ca of the Labour Code will require employers to disclose information about remuneration already at the recruitment stage.

The scope of the information obligation includes

• an indication of the initial amount of remuneration, or the salary range,
• confirmation that the remuneration is determined on the basis of objective and gender-neutral criteria,
• information about any applicable collective bargaining agreements or remuneration regulations in force at the employer’s organisation.

Form and timing of disclosure

information on remuneration must be provided in advance, in written or electronic form,

• it may be included in the job advertisement,
• if not disclosed in the advertisement, it must be provided before the interview,
• in the case of recruitment without a public advertisement, or if the information has not yet been provided, it must be disclosed before the employment contract is signed.

Ban on Questions About Previous Earnings

The amendment to Article 221 of the Labour Code will restrict the scope of personal data that an employer may request from a candidate.

During the recruitment process, employers will no longer be permitted to ask about a candidate’s current or past remuneration — regardless of whether the candidate is currently employed or not. The aim of this provision is to reduce pay discrimination and ensure equal negotiating opportunities for all candidates.

Purpose of these Changes and Next Steps

The amendment supports the implementation of the EU’s strategy for achieving pay equality between women and men, enhances transparency in the recruitment process and strengthens the candidates’ bargaining position.

It should be noted, however, that this is only the first stage of implementing the Pay Transparency Directive. Further changes are expected in the coming years, including obligations related to pay gap reporting and informing employees about remuneration structures. The Polish legislature is currently working on draft regulations addressing these issues and we will keep you informed.