Dear Sir or Madam,
In connection with the implementation of the EU Directive (EU) 2023/970 of the European Parliament and of the Council of 10 May 2023, which aims to strengthen the application of the principle of equal pay for male and female workers for the same work or work of equal value, an amendment to the Labour Code introducing the obligation of greater remuneration transparency will enter into force on December 24, 2025. Furthermore, job advertisements and job titles will have to be gender-neutral, and the recruitment process must not be discriminatory.
Remuneration Transparency in Recruitment Procedures
According to the new regulations, recruitment advertisements and the entire recruitment process must ensure remuneration transparency. In practice, this means that the candidate must receive information about the proposed remuneration before a contract is signed. This can be a specific amount or a salary range (bracket). This obligation results from the addition of Article 183ca to the Labour Code.
The information regarding the remuneration can be provided at one of three stages:
- In the recruitment advertisement;
- Before the interview, if the advertisement was not published or did not include this information;
- Before the establishment of the employment relationship, if recruitment was not announced or the data was not provided earlier.
It is essential that the employer provides this information sufficiently in advance, in paper or electronic form, so that the candidate can consciously evaluate the offer and enter into transparent negotiations. The legislator therefore requires not only the delivery of the content, but also the preservation of a form that allows the employer to demonstrate that the obligation has been fulfilled.
The remuneration presented should include all components of pay and benefits related to employment. In addition to the basic remuneration, any potential bonuses, incentives, allowances, and non-wage benefits (e.g., private healthcare, insurance) should be specified. If remuneration policy or collective labour agreements are in force, their provisions affecting the remuneration must also be included in the information provided to the candidate.
Additionally, an explicit prohibition on asking questions about the candidate’s previous remuneration has been introduced.
Gender Neutrality of Job Titles
The amendment also introduces the obligation to use gender-neutral job titles. This means using linguistic forms that do not suggest a preferred gender. Neutrality should encompass both the job title and the entire language of the advertisement, including the description of duties, requirements, and expectations. The content of the advertisement and the manner of conducting recruitment must be free from phrases that could indicate a preference based on gender, age, marital status, etc. Recruitment should be based on objective and substantive criteria, ensuring equal treatment for all candidates.
According to the position of the Ministry of Family, Labour and Social Policy, the scope of the regulation does not cover the formulation of job titles functioning internally within the employer’s organization, outside of the recruitment process – these issues may be subject to internal organizational decisions. However, there is no official statement from the National Labour Inspectorate on this matter yet, and experts currently indicate that both interpretations are possible: one that obliges employers to use gender-neutral job titles exclusively in the recruitment process, and one that does not limit this obligation to the recruitment process, but also extends it, for example, to the employer’s internal documents.
Penalties for Non-compliance
Both the failure to provide information on remuneration before establishing an employment relationship (the rate or range, along with all components), and the failure to use gender-neutral language in the job advertisement content, may result in the employer’s liability for an offense. The National Labour Inspectorate (Państwowa Inspekcja Pracy, hereinafter referred to as PiP) has the right to issue a fine of up to PLN 2,000, and up to PLN 5,000 in the case of a repeated breach. If the PiP inspector refers a request for punishment to the court, the employer faces a fine ranging from PLN 1,000 to PLN 30,000. A candidate whose rights have been infringed due to the breach of these obligations may additionally seek compensation in an amount not lower than the minimum remuneration for work.
Our Recommendations
The regulations do not require the remuneration amount or range to be placed directly in the job advertisement, although including this information already at the stage of advertisement publication is the most transparent and least risky form of fulfilling the remuneration transparency obligation. If the intent is to provide this information at a later stage, but still before establishing the employment relationship, we recommend introducing an appropriate procedure / training for employees involved in recruitment, to ensure that the aforementioned information is provided in the proper time and form.
We also recommend verifying your recruitment advertisement templates, which should contain neutral job titles or list both masculine and feminine forms (e.g., “specialist/specialistka”). Out of caution, we also recommend reviewing employment contracts, job descriptions, scopes of duties, and the employer’s internal regulations in light of the changes described above. This will limit the risk of an allegation of violating the principle of equal treatment and help avoid subsequent corrections. At the same time, care must be taken to ensure that the entire language of recruitment, including requirements and the description of employee duties, is free from phrases suggesting personal preferences.