The new regulations oblige employers to provide information about remuneration in job advertisements. If there is no advertisement, this data must be provided before the interview or before signing the employment contract. This information is to be provided in paper or electronic form, in advance, so that the candidate can read it and consciously negotiate the terms of employment.
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The candidate must have time to prepare
As explained by prof. Ph.D. Arkadiusz Sobczyk, labor law specialist, new regulations leave employers some freedom in choosing the moment when they provide information about remuneration. — The amendment allows for various interpretations. The employer may disclose salary data in the advertisement, during the interview or immediately before signing the contract, provided that the candidate has time to prepare for negotiations, says the professor.
The expert emphasizes, however, that from the perspective of the candidate's interests, it would be best if information about remuneration was provided already at the stage of publishing the advertisement. – If there are no obstacles, this obligation should be fulfilled as early as possible – emphasizes Sobczyk. At the same time, he predicts that in practice many employers will decide to disclose remuneration only during negotiations.
Transparency, but not openness
The amendment to the Labor Code also introduces other significant changes. Employers will not be able to require candidates to provide information about their current or previous earnings. In addition, job advertisements and job titles must be gender neutral and the entire recruitment process must be free from discrimination.
Contrary to some opinions, the regulations do not introduce full transparency of remuneration. — The act does not concern the disclosure of individual wages, but only the average wages in specific categories of employees and the criteria for determining wages, explains Sobczyk. – However, this is a step towards greater transparency, especially in the recruitment process, which has not guaranteed this so far – he adds.
EU law requires changes
Changes in Polish labor law result from an EU directive aimed at ensuring equal pay for women and men for performing the same work or work of equal value. Pay transparency and enforcement mechanisms are intended to strengthen the application of this fundamental principle.
The new regulations are an important step towards a more transparent labor market in Poland. However, their effectiveness will depend on how employers approach the implementation of the new rules and whether they actually decide to disclose salaries at an early stage of recruitment.
