The new provisions that are to come into force in 2026 result from the Directive of the European Parliament and of the Council (EU) 2023/970 of 10 May 2023 on strengthening the application of the principle of equality of remuneration between women and men for the same work or work of the same value. The main goal of the directive is to remove system barriers in access to pay information and ensure real possibilities pursuing claims by victims.
From the point of view of Polish employers, this means:
- Ban on asking candidates questions about their earnings so far
- The obligation to inform employees who perform the same work, about the levels of remuneration of other people in comparable positions – at their request
- The reporting obligation on remuneration, if more than 100 people work in the company, including, for example, wage differences between women and men exceed 5 percent. (Perhaps it will also apply to smaller companies)
- The presumption of payroll discrimination, if the employer does not prove transparent and objective criteria for remuneration and pay gap is higher than 5 percent.
– employers will not only have to change the content of the ads, but also revise your remuneration, promotion and bonus systems. In many companies, it will be necessary to formally describe what has so far been recognized or intravenously – says Dr. Katarzyna Kalata, legal advisor from the Kalata office, a labor law expert. – Transparency is not only an obligation, it is also a significant legal and image risk, if the company does not prepare for changes in advance.
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In industry forums and recruitment groups, candidates are increasingly sharing advertisements that arouse frustration or disbelief. “Work 8 hours a day without interruptions”, “Preferred people resistant to pressure and without family obligations”, “Aleased ability to unqueside the decision of the supervisor” – these are just some of the entries cited. The problem is not only inadequate requirements, but the fact that They are often not accompanied by any information about the salary, promotion path or work culture.
– The lack of explicit wage forks not only discourages the candidates to participate in recruitment, but It is increasingly treated as a lack of respect for their time. Candidates expect clear rules and an honest approach – adds Dr. Katarzyna Kalata.
Not all problems will disappear
The new regulations will not solve all problems, but will create frames that will order the recruitment process and bring it closer to standards from some countries. It is also a clear signal that the time of recruitment marketing is not over. Candidates will expect specific dataand companies will have to respond to these expectations with a clearly formulated offer.
What does this mean for employers? Firstly ordering the remuneration policy and creating transparent wage compartmentsin this in the context of remuneration. Secondly: a correction of advertisements in terms of equality provisions and prohibition of discrimination. Thirdly Preparation of the organization (including managers and HR) for communication of remuneration in a coherent, substantive and compatible with new regulationsand fourthly – readiness to verify and defend the remuneration structure in the event of potential court disputes.
A well -prepared company can benefit from this, not only fulfilling the legal obligation, but also by attracting better candidates and building trust among current employees.
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– There is still a year left to implement this EU directive to Polish law and to organization. A year is not much, considering that ordering remuneration structures and making changes in earnings requires planning and the process of acceptance. This is why There is nothing to delay at the last minute – it is good to sit down to evaluate work stations, create a wage network and make sure that employees fit in the appropriate compartments for them – notes Paulina Król, Chief People & Operations Officer at No Fluff Jobs. And he adds: – There is a lot of confusion around the obligation to transfer the forks in the ads. The current bill, which has recently passed through the Senate, is unclear and prompts various interpretations, which is not the best forecasting of unequivocal changes.
