On 25 November, the Polish government published the principles that will form the basis of its new legislation implementing the outstanding provisions of the Pay Transparency Directive. Readers of our blog will be aware that Poland has already published legislation to implement the transparency provisions in the Directive (see our previous blog) and these will come into force from 24 December 2025.

Poland will be implementing the Directive in a standalone piece of legislation rather than by making changes to the Polish Labour Code. As expected, it is clear that the aim of the legislators is not to go beyond the minimum requirements set out in the Directive and to implement it largely “as is”. In other words, as appears to be the case in many other European member states, there will be no “gold-plating” of this Directive.

Below is what we know so far about the new legislation:

• Categories of worker: All employers (irrespective of size) will be required to have salary structures in place that allow them to determine whether employees are performing comparable work. Four basic criteria must be used for these purposes: skills, effort, level of responsibility and working conditions, but employers will also be able to use additional criteria, provided they are objective and gender neutral. As highlighted below, a failure to carry out this exercise will put employers at risk of fines.
• Transparency of pay setting: Employers will be obliged to make any criteria for setting...

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