On 24 December 2025, provisions on the transparency of remuneration in the recruitment procedure will come into force. This change will have a significant impact on the entire labour market, including the engagement of employees posted to work abroad.
1. Remuneration Transparency Act
The Act of 4 June 2025 amending the act – Labour Code (Official Journal of 2025, item 807), hereinafter referred to as the Remuneration Transparency Act, constitutes a partial implementation of Directive (EU) 2023/970 of the European Parliament and of the Council of 10 May 2023 on pay transparency. The main objective of the new regulation is to combat pay discrimination, in particular based on gender. Indeed, the explanatory memorandum relating to the draft law explains: „The purpose of the draft law is to oblige employers to present in the job offers published by them the proposed remuneration they plan to offer to candidates applying for a given position. (…) The lack of information concerning the proposed salary in job offers particularly affects the groups of employees most vulnerable to unequal and discriminatory treatment: young workers and women.”.
The Remuneration Transparency Act introduced Article 183ca to the Labour Code, imposing on employers the obligation to inform job applicants about:
- the remuneration for work, its initial amount or range – based on objective, neutral criteria, in particular with regard to gender, and
- the revelant provisions of the collective labour agreement or remuneration regulations – in the event that the employer is covered by a collective labour agreement or has remuneration regulations in force.
The employer should provide the job applicant with this information in sufficient time to allow him/her to to consult it, thus ensuring conscious and transparent negotiations. The provision of the information in question should occur:
- in the recruitment notice;
- before the job interview – in the event that the employer hasn’t advertised a vacancy for the position or hasn’t presented this information in the recruitment notice;
- before the establishment of the employment relationship – in the event that the employer hasn’t advertised a vacancy for the position or hasn’t presented this information in the recruitment notice.
Information concerning remuneration should be provided by the employer to the job applicant in paper or electronic form.
2. New information obligation and posting workers abroad
There is no doubt that whenever an employer plans to hire someone for a position that involves posting abroad, it is obliged to inform the job applicant about both the remuneration for work in Poland and the pay for work abroad. However, it should be noted that practical problems may arise with the transfer of information on remuneration for work abroad, in particular when the employer plans to post the employee to more than one country. In such a case, the appropriate solution is to prepare a special document specifying the salary and conditions for the remuneration in the individual States to which the posting will take place, as well as to present this document to the job applicant for consulting it before the interview.
In connection with the development of the economic activity carried out, an employer often enters into a foreign contract and starts posting previously hired workers. It seems that in such a case, employees who will be posted should receive information concerning their remuneration for work in the country of posting before signing international secondment addenda.
3. Legal notice
The study is a work within the meaning of the Act of 4 February 1994 on Copyright and Related Rights (OJ 2006, No. 90, item 631, consolidated text, as amended). Publishing or reproducing this study or its part, quoting opinions, as well as disseminating in any other way the information contained therein without the written consent of Crede sp. z o.o. is prohibited.
