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.<\/p>\n
This situation will soon change, following the implementation of the EU Pay Transparency Directive<\/b>, which entered into force in 2023. Member States, including Poland, have until June 2026<\/b> to align their national legislation with the Directive\u2019s requirements. In Poland, part of the implementing legislation has already been adopted and will enter into force on 24 December 2025<\/b>.<\/p>\n
The amendment to the Labour Code will introduce two key provisions \u2013 a new Article 18<\/b>3ca<\/b> and an amended Article 22<\/b>1<\/b>, both of which will affect the recruitment process.<\/p>\nPay Transparency in Recruitment<\/h3>\n
The new Article 18<\/b>3ca<\/b> of the Labour Code will require employers to disclose information about remuneration already at the recruitment stage.<\/p>\n information on remuneration must be provided in advance<\/b>, in written or electronic form,<\/p>\n The amendment to Article 221 of the Labour Code will restrict the scope of personal data that an employer may request from a candidate.<\/p>\n During the recruitment process, employers will no longer be permitted to ask about a candidate\u2019s current or past remuneration \u2014 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.<\/p>\n The amendment supports the implementation of the EU\u2019s strategy for achieving pay equality between women and men, enhances transparency in the recruitment process<\/b> and strengthens the candidates\u2019 bargaining position<\/b>.<\/p>\n 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<\/b> and informing employees about remuneration structures<\/b>. The Polish legislature is currently working on draft regulations addressing these issues and we will keep you informed.<\/p>\n The scope of the information obligation includes<\/h3>\n
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Form and timing of disclosure<\/h3>\n
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Ban on Questions About Previous Earnings<\/h3>\n
Purpose of these Changes and Next Steps<\/h3>\n