Leviathan: The employer is to disclose the amount of remuneration in advance

The Act on wage openness obliges employers to provide information on remuneration in advance, leaving them a choice when it will happen – it can be in the job advertisement or before the interview – PAP Nadia Winiarska from the Lewiatan confederation donated PAP.

On Friday, the Sejm adopted an amendment to the Labor Code imposing an obligation on employers to present potential employees of the proposed level of remuneration, indicating its minimum and maximum amount. The information may mention that this amount is negotiable. In addition – according to the amendment – the employer may not prohibit or prevent the employee from disclosing information about his remuneration.

Nadia Winiarska pointed out that the Act on wage openness obliges employers to provide information on remuneration – in paper or electronic form – in advance: it can be done e.g. in a job advertisement or before the interview. “It seems reasonable to us that employers more detailed information, including regarding the provisions of intra -deck acts, which is also required in these provisions, can transfer to candidates at the next stages of the recruitment process,” Nadia Winiarska from the Lewiatan Confederation told PAP.

The representative of the Lewiatan Confederation emphasized that the adopted amendment does not oblige employers to disclose remuneration in the job advertisement. “The Act in the wording adopted by the Sejm – like the EU directive – leaves the employer a choice as to the moment of providing information on remuneration. He may disclose it in the advertisement about the recruitment for a free position or before the interview in the event that the announcement did not contain information or has not been published. There is also a third option, at the latest before the employment relationship, if information about the employment relationship, if the remuneration information was not provided at the latest stages recruitment ” – she pointed out.

“In our opinion, due to the diversity of the remuneration system in some cases, presenting such comprehensive, clear information about the conditions of remuneration in the advertisement would rather be a challenge for employers” – she emphasized.

Winiarska pointed out that the Act adopted by the Sejm partly implements the provisions of the EU Directive on equality and transparency of remuneration, which is to be implemented by June 2026. She emphasized that the amendment assumes a six -month Vacatio Legis, while in the opinion of employers due to the new obligations that appear in this act, it should be “definitely longer period”.

“Employers are already analyzing the provisions of the EU directive, the implementation, which is announced by the ministry. Employers must take into account a number of new obligations and have time to adapt internal systems and payroll solutions. Therefore, we suggested that the provisions regarding the openness of remuneration would enter into force in 2026” – she said. (PAP)

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