Pay Transparency in Poland: New Recruitment Rules for Employers

Pay transparency in Poland means an employer’s duty to provide candidates with reliable information about proposed remuneration and to conduct recruitment without gender-based discrimination. New rules introduced into the Polish Labour Code materially change how employers prepare job advertisements, interview candidates and negotiate employment terms.

The Act of 4 June 2025 amending the Labour Code entered into force on 24 December 2025. It introduced new Article 18^3ca and amended Article 22¹ § 1(6) of the Labour Code. The changes are connected with the objectives of Directive (EU) 2023/970 on pay transparency, although Poland still needs to adopt further measures to complete implementation of the Directive [1][2].

For international businesses recruiting employees in Poland, the immediate issue is operational. Salary information, recruitment templates, interview scripts and approval processes should be reviewed to ensure compliance with the new rules.

Salary range in job ads in Poland

Under new Article 18^3ca § 1 of the Labour Code, an employer must provide a job candidate with information on the initial remuneration for the position or the range of remuneration. The amount or range must be based on objective, neutral criteria, in particular gender-neutral criteria.

The employer must also provide information on relevant provisions of an applicable collective bargaining agreement or remuneration regulations, where the employer is covered by such an agreement or has remuneration regulations in place.

The remuneration information is not limited to base salary. Under Article 18^3c § 2 of the Labour Code, remuneration includes all components of pay, regardless of their name or nature, as well as other employment-related benefits provided in cash or in kind [3]. Depending on the role and factual circumstances, this may include bonuses, commissions, allowances, benefits, share-based incentives or other elements with an economic value.

In practice, employers should avoid publishing an artificially broad salary range that does not reflect the actual budget or seniority of the role. Although the Labour Code does not set a maximum permitted spread between the lower and upper end of a range, an unreasonable range may create credibility, discrimination and employee-relations risks.

Pay information for candidates before the interview

Article 18^3ca § 2 provides three statutory timing routes for providing the required information:

1. in the job vacancy announcement;
2. before the job interview, if the employer has not published a job vacancy announcement or has not included the required information in that announcement;
3. before the employment relationship is established, if the information has not been provided in the announcement or before a job interview.

These are not optional stages that can be selected without regard to the recruitment process. They describe when information must be delivered in a particular factual situation. The safest approach is to include the salary range and other required information in every external and internal job advertisement. This reduces the risk of inconsistent communication and avoids last-minute disclosure before an interview or contract signing.

Information must be provided in paper or electronic form, sufficiently early to enable informed and transparent negotiations [1]. Employers should therefore ensure that recruiters, external agencies and hiring managers use the same approved remuneration data.

Ban on asking about salary history in Poland

Article 22¹ § 1(6) of the Labour Code, as amended with effect from 24 December 2025, excludes information about remuneration in the candidate’s current and previous employment relationships from the data an employer may demand from a job candidate. In practice, this means that the employer may not demand that a candidate disclose such remuneration [1].

This prohibition covers requests for information about previous salary, bonus levels or total compensation. It also creates risk around indirect requests designed to obtain the same information, such as requesting old payslips, compensation statements or an exact previous package value.

The employer may still discuss the candidate’s expectations for the new role and explain the remuneration available for that role. The key distinction is between discussing the employer’s proposed pay and requesting historical salary information from another employer.

Gender-neutral job titles under the Labour Code

Article 18^3ca § 3 of the Labour Code requires employers to ensure that job vacancy announcements and job titles are gender-neutral. Recruitment processes must also be conducted in a non-discriminatory manner.

Polish job advertisements often use both masculine and feminine forms, for example “kierownik/kierowniczka”. Employers should review not only the visible job title but also the wording of role descriptions, selection criteria, advertisements published by recruitment agencies and internal recruitment materials.

The requirement has a broader purpose than language. It supports equal access to employment and reduces the risk that a role is presented as intended primarily for candidates of one gender. Selection criteria should be connected to genuine business needs, such as experience, qualifications, language skills or availability, rather than assumptions about gender, family status or other protected characteristics.

Legal and business consequences of non-compliance

A failure to comply with the new recruitment rules does not automatically mean that an employer has committed unlawful discrimination in every case. Liability depends on the facts, including the content of the advertisement, the treatment of candidates and whether the conduct breached the principle of equal treatment.

However, non-compliance may become relevant evidence in a discrimination dispute. Under the current wording of Article 18^3d of the Labour Code, a person in respect of whom an employer has breached the principle of equal treatment in employment may claim compensation of at least the statutory minimum remuneration for work. The amount of compensation may be higher where justified by the circumstances [3].

These rules will be strengthened from 5 November 2026. The Act of 19 June 2026 amending the Labour Code and the Code of Civil Procedure provides that such a person will be entitled to redress for non-pecuniary harm of at least the minimum remuneration for work, or to damages, and that repeated breaches will justify redress of at least three times the minimum remuneration. The amendment also codifies the shifting burden of proof in equal treatment cases in new Article 18^3f [4].

There are also commercial consequences. Inconsistent salary communication can delay recruitment, increase candidate withdrawal rates, generate internal pay comparison disputes and affect employer reputation. For regulated businesses, unclear hiring practices may additionally be identified during internal compliance reviews, whistleblowing investigations or due diligence processes.

EU Pay Transparency Directive implementation in Poland

The Polish amendment addresses important recruitment-stage obligations, especially pay information for candidates and the prohibition on salary-history questions. It should not be treated as the complete implementation of Directive (EU) 2023/970.

The Directive also requires Member States to introduce broader pay transparency mechanisms, including access to pay information for workers and gender pay gap reporting duties for larger employers. At EU level, employers with 250 or more workers must generally report by 7 June 2027 and annually thereafter. Employers with 150 to 249 workers must generally report by 7 June 2027 and every three years thereafter, while employers with 100 to 149 workers must generally report by 7 June 2031 and every three years thereafter [2].

The transposition deadline for the Directive was 7 June 2026. As of September 2026, Poland has not yet adopted the act implementing the remaining obligations. A government draft act on strengthening the application of the right to equal pay for men and women for equal work or work of equal value is still at the government stage, with adoption by the Council of Ministers planned for the fourth quarter of 2026 [5]. The final Polish reporting dates, thresholds and sanctions will therefore depend on the wording of the adopted act.

Companies operating in Poland should therefore treat the December 2025 changes as an applicable compliance requirement, while preparing data structures capable of supporting future pay gap reporting duties in Poland.

Recommended actions for employers

• create salary ranges based on documented, objective and gender-neutral criteria;
• update job advertisement templates and recruitment agency instructions;
• ensure that advertisements and candidate communications contain information required by Article 18^3ca, including relevant collective agreement or remuneration-regulation provisions where applicable;
• remove salary-history questions from application forms, interview guides and background-check procedures;
• review job titles and recruitment wording for gender neutrality;
• train HR teams and managers on permitted remuneration discussions;
• keep internal records showing how salary ranges and individual offers were determined.

This is informational material, not legal advice. For support in reviewing recruitment processes and preparing Polish employment documentation, businesses may contact the Kopeć & Zaborowski legal team.

FAQ – Pay Transparency in Poland

When did the new pay transparency rules enter into force in Poland?

The amendments to the Labour Code entered into force on 24 December 2025 under the Act of 4 June 2025 amending the Labour Code [1].

Must every job advertisement state a salary range?

Not necessarily. The employer must provide information about the initial remuneration or remuneration range. The preferred and lowest-risk method is to include it in the job advertisement. If it is not included, the information must be provided before the interview or, where it has not been provided earlier, before the employment relationship is established.

Can an employer ask a candidate about salary expectations?

Yes. The prohibition concerns demanding information about remuneration in the candidate’s current or previous employment relationships. Discussing expectations for the new role and the employer’s proposed range remains permissible.

Does the salary range include bonuses and benefits?

It may. Article 18^3c § 2 of the Labour Code defines remuneration broadly, including all remuneration components and other cash or non-cash benefits. The correct scope depends on the structure of the compensation package.

Are gender-neutral job titles mandatory in Poland?

Yes. Under Article 18^3ca § 3 of the Labour Code, employers must ensure that job vacancy announcements and job titles are gender-neutral, while recruitment processes must be non-discriminatory.

Will Polish employers have to report gender pay gaps?

Most likely yes, once Poland completes implementation of Directive (EU) 2023/970. The Directive contains reporting requirements for employers with at least 100 workers, but as of September 2026 the Polish implementing act has not yet been adopted, so the detailed Polish rules should be monitored as legislation develops [5].

Bibliography

[1] Act of 4 June 2025 amending the Act – Labour Code, Journal of Laws of 2025, item 807.

[2] Directive (EU) 2023/970 of the European Parliament and of the Council of 10 May 2023 to strengthen the application of the principle of equal pay for equal work or work of equal value between men and women through pay transparency and enforcement mechanisms.

[3] Act of 26 June 1974 – Labour Code, consolidated text: Journal of Laws of 2025, item 277, as amended, in particular Articles 18^3c, 18^3ca, 18^3d and 22¹.

[4] Act of 19 June 2026 amending the Act – Labour Code and the Act – Code of Civil Procedure, Journal of Laws of 2026, item 1046 (in force from 5 November 2026).

[5] Chancellery of the Prime Minister, list of legislative work of the Council of Ministers: draft act on strengthening the application of the right to equal pay for men and women for equal work or work of equal value (UC127), gov.pl.