Pay transparency in recruitment (from 24 December 2025) – what the Labour Code changes

From 24 December 2025, Article 18³ca has applied in the Labour Code (the Act of 4 June 2025, Journal of Laws 2025, item 807). For every employer recruiting for employment under an employment relationship, this means a new obligation: the candidate must receive information on the starting salary or its range – in the advertisement, or before the job interview, or before the employment relationship is established.

The change is deeper than it seems. From December 2025, information on pay is a legal requirement. Reporting the pay gap between women and men is a separate matter – it comes from EU Directive 2023/970 and is a future obligation (we describe it below).

The new Article 18³ca of the Labour Code

The Act of 4 June 2025 amending the Labour Code introduces Article 18³ca. The key provisions:

1. Information on pay – the candidate receives information on the starting salary or its range (§ 2 points 1–3): in the job advertisement, or before the job interview, or before the employment relationship is established
2. The advertisement and the job title – gender-neutral (§ 3)
3. The employer may not ask the candidate about their current pay (Article 22¹ § 1 point 6 of the Labour Code)

Who the obligation applies to

The provision applies to employers who recruit people for employment under an employment relationship.

If the pay is not in the advertisement, it must be given to the candidate before the job interview or at the latest before the employment relationship is established. The simplest and safest way is to put it in the advertisement straight away – in:

• Job portals (Pracuj.pl, NoFluffJobs, OLX Praca, Just Join IT)
• Social media (LinkedIn, Facebook)
• The company’s own website (the Careers tab)
• Industry groups, forums, newsletters
• Press advertisements (local and industry newspapers)

How to give a pay range correctly

What is permitted

• A range: “PLN 5,000–7,000 gross” – the preferred form
• A specific starting salary: “PLN 5,000 gross” – permitted

What is not permitted

Such wording gives neither a starting salary nor a range, so on its own it does not meet the obligation:

• “Competitive pay”
• “Attractive pay”
• “Negotiable”
• “In line with the market”

If the advertisement contains no information on pay, you must give it to the candidate before the job interview or before the employment relationship is established.

B2B, contracts of mandate, contracts for specific work

Article 18³ca is in the Labour Code and speaks of establishing an employment relationship. In advertisements for a contract of mandate, a contract for specific work or B2B cooperation, giving the rate is good practice, because it saves both sides time.

For B2B you give the net rate, because the contractor issues the invoice as an entrepreneur.

The ban on asking about previous pay

The second big change – during recruitment the employer may not ask about the candidate’s current pay (Article 22¹ § 1 point 6 of the Labour Code):

• The candidate’s current pay in another workplace
• Pay in previous places of employment

It is a safeguard against the “low base” effect – where a woman who earlier earned less than a man in a similar post would be offered less in a new job only because her previous employer underpaid her.

The employer must give information on the starting salary or its range (at one of the three moments described above). The candidate may (but need not) ask about the range, negotiate, or not accept. They do not, however, have to answer questions about their financial history.

Pay gap reporting – companies with 100 or more employees

Pay gap reporting does not come from Article 18³ca. It is an obligation under EU Directive 2023/970 (the pay equality directive) and applies to companies employing at least 100 people. Treat it as a future obligation: the scope and deadlines in Poland depend on the national provisions implementing the directive.

The timetable

The deadlines for the first reports under the directive:

| From | Companies | Frequency | |----------|-------|---------------| | 7 June 2027 | 250 or more employees | every year | | 7 June 2027 | 150 or more employees | every 3 years | | 7 June 2031 | 100 or more employees | every 3 years |

What has to be reported

Under the directive:

• The average pay of men and women (in the category of post)
• The median pay (for each category, for each sex)
• The percentage of women in each pay quartile
• If the pay gap (the difference in averages) exceeds 5% – an obligation for a joint pay assessment with employees and a remedial plan

How reports are submitted and made available will be set by the national provisions implementing the directive.

The employee’s right to information

Directive 2023/970 provides that an employee will be able to ask the employer about:

1. The average pay of employees in their category of post (broken down by sex)
2. The criteria for setting pay in the company
3. The criteria for progression (promotions, pay rises)

This right comes from the directive, and not from Article 18³ca of the Labour Code. The details – the deadline for a reply, exceptions for small companies – depend on the national provisions implementing the directive; check their current wording before you introduce a procedure in your company.

In practice – what to change in the recruitment process

A list of changes worth making in your company:

1. Active advertisements – add the starting salary or range, or decide that you will give it to the candidate before the job interview
2. The advertisement template – update it, add a “Pay” section; the advertisement and job title must be gender-neutral
3. The interview script – remove questions about previous earnings
4. A message to recruiters – briefly on the new rules (the moment of giving the pay, the ban on asking about previous earnings)
5. Tracking the rules – pay gap reporting and the employee’s right to information are future obligations under Directive 2023/970

Summary

Pay transparency in recruitment has been a legal standard in Poland since 24 December 2025. For a small company it is a simple change to the advertisement template. Companies employing at least 100 people should follow the provisions implementing Directive 2023/970 – pay gap reporting and a remedial plan are future obligations. At Profais we help clients in the area of HR and payroll.

Sources: the Act of 4 June 2025 amending the Labour Code (Journal of Laws 2025, item 807), Articles 18³ca and 22¹ of the Labour Code, EU Directive 2023/970, pip.gov.pl.