On June 23, 2025, an act amending the Labor Code was published (Journal of Laws of 2025, item 807), which imposes new obligations on employers regarding the disclosure of remuneration during the recruitment process.
 
In accordance with the changes being introduced, the employer will be required to inform the job applicant in advance of the salary they expect to pay for the position for which they are recruiting. In particular, the employee will be entitled to obtain information about the initial salary amount or the so-called “salary range” envisaged by the employer. The employee should obtain this information in the job advertisement for the position to which they are applying, and if there was no such advertisement, before the interview or before entering into an employment relationship. The employer should provide the remuneration amount, taking into account the above rules, in paper or electronic form. Furthermore, if remuneration issues are regulated by a collective labor agreement or remuneration regulations at a given employer, the employer, in accordance with Article 183ca of the Labor Code, will be required to present to the employee those provisions of the collective bargaining agreement or remuneration regulations that relate to the remuneration components for the position for which the candidate is applying.
 
On the other hand, the legislator has amended the existing Article 221 §1(6) of the Labor Code. The amendment means that the employer will not be entitled to obtain information from the recruited person about the remuneration received in previous positions with other employers as part of familiarizing themselves with the candidate’s employment history.
 
The last change we would like to highlight is the requirement for employers to ensure that job advertisements and job titles are gender-neutral and that the recruitment process is non-discriminatory.
 
In practice, the amendment means that employers will have to pay more attention to the content of job advertisements in order to present the terms of remuneration to the employee in a transparent manner before the interview. In addition, employers should be prepared to show the employee documents concerning remuneration for the position for which they are recruiting at the first interview. The amendment does not provide for new sanctions in the event of a violation of the above provisions of the Labor Code. However, it should be borne in mind that failure by employers to comply with the above provisions may result in an inspection by the National Labor Inspectorate, which may issue an appropriate request or order requiring employers to comply with the above provisions.
 
The proposed changes will enter into force on December 24, 2025.
 
Autor: Szymon Szuksztul – Senior associate w Kancelarii SKP.