New Employer Obligation – Disclosing Salary Details During Recruitment

On May 9, the Sejm passed a widely discussed amendment to the Labour Code and forwarded it to the Senate for further consideration. The amendment introduces an obligation for employers to disclose proposed salary levels and implement gender neutrality and non-discrimination in recruitment processes.

Transparent Salary Information

The bill introduces a new Article 18^3ca into the Labour Code and amends Article 22¹ § 1 point 6, which concerns the scope of personal data that an employer may request from a job applicant.

Once the amendment enters into force, employers conducting recruitment processes will face a new, important obligation to disclose information that is particularly relevant from a candidate’s perspective. According to the new Article 18^3ca, employers will be required to disclose information on the salary, its starting level, or a salary range, as well as relevant provisions from collective labour agreements or remuneration policies—if such agreements or policies apply. This information must be included in the job advertisement or, at the latest, provided before the employment relationship is established—if no advertisement was published or the information was not shared during the job interview.

Notably, during parliamentary committee proceedings, there was a risk that the provision would become toothless. It was initially proposed that the salary information could be shared either in the job posting, during the interview, or just before employment—effectively allowing employers to withhold it until the final stage. Fortunately (or unfortunately), this loophole was removed during the second reading of the bill.

Anti-discrimination Provisions

In addition, the amendment revises Article 22¹ § 1 point 6 of the Labour Code. Under the new rules, employers will no longer be allowed to request information about the candidate’s salary in their current or previous jobs. While the current legislation vaguely allows employers to ask about “previous employment history”, the planned revision aims to eliminate questions about past remuneration altogether.

This amendment implements Directive (EU) 2023/970 of the European Parliament and of the Council of 10 May 2023, which obliges Member States to adopt rules that improve recruitment transparency and introduce anti-discrimination mechanisms in recruitment processes.

Moreover, the proposed provisions require employers to ensure that job advertisements and job titles are gender-neutral and that the entire recruitment process is free from discrimination. In practice, this may mean the use of gender-neutral forms or feminine forms (feminatives) in job titles and descriptions.

Need to Update Recruitment Procedures and Remuneration Policies

These changes will necessitate the revision of internal recruitment procedures and remuneration regulations. Fortunately, the law provides for a relatively long vacatio legis—the new provisions will enter into force six months after the date of publication.

If you have any questions or concerns regarding the implementation of anti-discrimination procedures or the new recruitment rules, please do not hesitate to contact our Law Firm. Our experts will be happy to provide any necessary information and assist in preparing new procedures in compliance with the updated legislation.