In December 2024, Poland's Sejm published a draft amendment to the Labour Code aimed at enhancing pay transparency and aligning with the EU Pay Transparency Directive.
Key Provisions of the Draft Amendment:
- Salary Range Disclosure: Employers will be required to include proposed salary ranges, in job advertisements.
- Employee Right to Pay Information: Employees can request information about their own pay level and the average pay levels of positions performing the same or equivalent work, with the option to have this data broken down by gender. Employers must respond to such requests within 14 days and are obligated to remind employees annually of this right.
- Objective Pay Criteria: Employers must provide access to the criteria used for determining pay levels and progression, ensuring these criteria are objective and gender-neutral.
- Prohibition of Pay Confidentiality Clauses: Employers will no longer be permitted to prohibit employees from disclosing their pay information. This change necessitates the modification of existing internal policies and contracts that currently enforce salary confidentiality.
The draft amendment is currently in the early stages of the legislative process and is open for public consultation until early January 2025. As such, the provisions may undergo changes before final approval. Notably, while the draft aims to align with the EU Directive's objectives, it does not fully implement all its provisions, such as the reporting requirements outlined in Article 9. These aspects are expected to be addressed in separate legislation.
Employers in Poland should begin reviewing their recruitment practices, pay structures, and internal policies to prepare for these forthcoming changes and ensure compliance once the amendments are enacted.
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