We have already discussed key issues related to the Equal Pay Directive[1] and the obligations it imposes on companies. Work is currently underway to amend the Labour Code[2] in order to transpose this piece of EU legislation into Polish law.
On 3 April 2025, a new draft Act Amending the Labour Code appeared on the website of the Sejm. Prepared by the Extraordinary Committee for Codification Amendments, it differs significantly from the original parliamentary draft implementing the Directive (print no. 934), the first reading of which took place on 6 February 2025. On 9 May 2025, the Sejm adopted the bill without amendments.
What is noteworthy? The new draft focuses on issues related to recruitment processes in companies. We have summarised all the changes and highlighted their main implications from an employer’s perspective.
The new face of recruitment
The vacatio legis provided for in the draft is 6 months from the date of publication of the act.
What is missing from the draft?
The draft does not transpose all the provisions of the Directive, which has been criticised by, among others, Konfederacja Lewiatan, which pointed out that the individual legal institutions resulting from the Directive are closely interrelated and that a consistent and comprehensive approach to the implementation of the Directive is therefore recommended.
From an employer’s perspective, the following are important issues that have not been addressed.
Assessment of the draft
The prohibition of discrimination against job applicants on the grounds of gender follows indirectly from Article 183a of the Labour Code. The principles contained in the draft concerning the recruitment process, such as the requirement to use both male and female job titles, are applied in practice by most companies. At the same time, many of the important changes introduced by the Directive have not yet been translated into legislation.
For example, it is still unclear how the Directive’s requirement for job evaluation will be incorporated into the Polish legal system. This is an issue that is becoming a hot topic in the employer community.
Member States, including Poland, have until 7 June 2026 to bring into force the laws, regulations and administrative provisions necessary to comply with the Directive.
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[1] Directive (EU) 2023/970 of the European Parliament and of the Council of 10 May 2023 to strengthen the application of the principle of equal pay for equal work or work of equal value between men and women through pay transparency and enforcement mechanisms
[2] The Labour Code of 26 June 1974
