April 15, 2025
Poland has released their draft on the transposition of the pay transparency directive, and we have collected the key takeaways you should know.
Category:
Pay Transparency
Poland is one of the first movers when it comes to publishing their draft for transposing the EU 2023/970 (pay transparency) directive - who would have thought. The initial draft from Poland is short and concise, and clearly just a first step in towards transposing the entire directive, as the reporting requirements are omitted from this draft.
If you have any questions about the legislation, how to approach it, or are perhaps even looking for a platform to help automate the compliance process across countries - don’t hesitate to reach out. I’m happy to share our experience from working with companies of all sizes in preparing for this.
Enough pitching - enjoy the read! :-)
The Polish transposition takes the form of a straightforward amendment to the existing Labor Code (Kodeks pracy), rather than creating a separate piece of legislation. In doing so, Poland ensures that the new pay transparency measures are integrated directly into existing core employment laws.
The draft introduces specific obligations on pay disclosure, right to information, salary transparency in job ads, and employee protections. Notably, the proposed bill focuses heavily on ensuring transparency both before and during employment and establishes penalties for non-compliance.
Unlike some Member States, the draft does not appear to introduce extensive reporting or joint assessment requirements based on company size at this stage. Given the scope of the directive, we expect to see this added in the next version of the draft, or in the final implementation.
Let’s have a look at the core obligations that you as an employer of Dutch employees will face. This is very much aligned with what we already knew, although they are being more direct in their interpretation of salary transparency prior to employment.
All job ads - regardless of where they are posted - must now include the proposed gross salary range for the position(both minimum and maximum levels). Employers may indicate that this range is negotiable, but the range must be clearly stated.
Failing to publish this information or offering a candidate a salary below what was posted, constitutes a legaloffence punishable by fines ranging from PLN 1,000 to 30,000. This might not sound deterring but remember that this fine is for each offence.
The Polish draft introduces a clear and enforceable right for employees to request transparency on how they are paid in relation to others doing the same or similar work. This is in line with the EU pay transparency directive (EU 2023/970) and will be one of the primary enforcement mechanisms for employees.
Employees will be able to request:
This right can be exercised personally or via employee representatives, and employers are required to respond in writing or electronically within 14 days of receiving the request. This is where the Polish draft differs from the two-month window the Pay Transparency directive allows for. I must stress that this has bigger implications than it seems. 14 days is virtually equivalent to immediate a
If the response is incomplete or inaccurate, employees may request additional explanations or clarifications, again either directly or through representatives. This establishes a two-tier request process to ensure full transparency and prevents employers from using vague or partial data to avoid scrutiny.
The scope of the right covers all types of employment relationships, not just standard contracts governed byArticle 2 of the Labour Code, which ensures coverage for broader categories like temporary workers.
Employers are also required to inform employees once per year about:
This must be done proactively by the employer. The intent is to ensure employees are aware of the ability to use this right.
Employers must make their pay-setting and progression criteria available to employees. These criteria must be objective and gender neutral. However, employers with fewer than 50 employees may be exempt from this obligation.
The Polish draft law strengthens employee rights by explicitly prohibiting employers from restricting or discouraging employees from sharing information about their own pay. This means that employees are legally protected if they choose to discuss their salaries with colleagues or raise concerns about pay differences.
Importantly, these rights apply broadly across all employment relationships, not juststandard full-time contracts, ensuring that workers in less traditional arrangements are equally protected. Together, these provisions aim to shift the burden away from employees and create a framework where openness about pay is legally supported and institutionally encouraged
The draft introduces several new violations under Article 281 of the Labour Code, such as:
These violations can result in administrative fines. Although the Polish Labour Inspectorate is not explicitly mentioned in the draft as the enforcement body, it is likely to play a key role, given its existing mandate under Polish employment law.
The draft does not mention the particular penalties an employer will face if an employee brings a pay discrimination case to court and wins. For this, the draft simply enforces the remedies that are already in place. Employees who are subject to pay discrimination are entitled to compensation under Article183d of the Labour Code. This may include backpay to cover pay differences, as well as additional damages for harm suffered. There is no statutory cap on the amount of compensation, and the court determines the final sum based on the circumstances of the case. In addition to financial compensation, courts may issue injunctive relief, requiring the employer to eliminate discriminatory practices and adjust pay going forward.
Employees are also protected from retaliation (Article 183e), meaning any adverse action taken against an individual who files a complaint or participates in proceedings, such as dismissal or demotion, can be legally challenged and reversed.
In transposing the EU Pay Transparency Directive into Polish legislation, existing national definitions and structures have been kept as much as possible to ensure legal continuity and coherence. Several key concepts are central to the implementation of the new measures, particularly concerning remuneration, pay gaps, and the underlying factors that influence pay equity.
The concept of work of equal value is already embedded in Polish labor law and plays a central role in the country’s framework on equal pay. According to Article 183c of the Polish Labour Code, employees - regardless of gender - are entitled to equal remuneration for performing the same work or work of equal value.
Polish law defines work of equal value as work that requires comparable qualifications, responsibility, and effort, performed under similar working conditions. This assessment takes into account:
While this concept has been part of Polish legislation for years, the implementation of Directive (EU) 2023/970 is expected to operationalise it further by requiring clearer job evaluation criteria, pay transparency measures, and detailed documentation to prevent and remedy pay discrimination based on gender.
While the Polish draft is shorter and more concise than some other Member States, its potential impact is significant.This is not a “light-touch” legislation that you can easily breeze over.
With the deadlines quickly approaching, I can only encourage companies to get started on setting up their pay structuresnow. If you don’t already have them in place, you’ll likely underestimate how much work it takes. On top of that, you only have one salary review left before the deadline hits - so unless you plan to report on unadjusted numbers, now’s the time to get a clear picture of how far your organization is from being compliant.
If you'd like to explore what this means for your organization, how to build compliant pay structures, or need support in navigating implementation across jurisdictions, feel free to reach out. Always happy to help translate policy into practice.
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