Mandatory pay transparency getting closer?

Amendment to the Labour Code

The Extraordinary Sejm Committee for Amendments to the Codifications has prepared a report on the draft amendment to the provisions of the Labour Code (Sejm print no. 1153). Although the amendment covers changes to only two articles, it may significantly impact the current method of recruiting new employees. The draft proposes the addition of a new Article 18(3ca) and an amendment to Article 22(1) § 1 point 6 of the Labour Code, 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 will face a new obligation to provide key information from the candidate’s perspective. According to the proposed Article 18(3ca), a job applicant must be informed of the salary level, its starting amount or its range (so-called “salary brackets”) foreseen for the position. The employer will also be obliged to provide access to the remuneration regulations in force at their workplace or the relevant provisions of a collective labour agreement – if applicable.

Importantly for employers, this information obligation does not necessarily have to be fulfilled in the job advertisement (which would mean making it available to a wide audience, including potential competitors). It may also be provided later – before the job interview or, at the latest, before establishing the employment relationship. Information on remuneration can be given to the candidate either in paper or electronic form.

Combating Discrimination

In addition to the above, the draft amends Article 22(1) § 1 point 6 of the Labour Code. The scope of personal data that an employer may request from a candidate will no longer include information on remuneration in current or previous employment. The currently applicable regulations generally require information on the “employment history”, but the proposed amendment aims to completely eliminate the possibility of asking about previous salaries.
The amendment implements Directive (EU) 2023/970 of the European Parliament and of the Council of 10 May 2023, which obliges Member States to adopt regulations increasing the transparency of the recruitment process.

Additionally, under the proposed provisions, employers will have to ensure that job advertisements and job titles are gender-neutral and that the entire recruitment process is conducted in a non-discriminatory manner. In practice, this may mean the necessity of using feminine forms (feminatives) or gender-neutral forms in job titles and descriptions.

Need for Changes in Recruitment Procedures and Remuneration Regulations

The above changes will require the adjustment of remuneration regulations and internal recruitment procedures. For this reason, business representatives are calling for a sufficiently long vacatio legis to be included with the amendment, allowing for proper preparation for the new obligations.
If you have any questions or doubts regarding the application of anti-discrimination procedures or the new recruitment rules, we encourage you to contact our Law Firm – we will be happy to provide any necessary information.