New regulations on employee recruitment
From December 24, 2025, amendments to the Labour Code will enter into force, introducing, among other things, gender neutrality in job advertisements and the obligation to disclose pay transparency. Will it still be acceptable to look for a candidate to join a “young, dynamic team”? What questions are prohibited during recruitment? What information about remuneration must we provide to the candidate and when? We answer!
New regulations: when they apply and what they concern
On May 9, 2025, the Act amending the Labour Code was adopted, introducing, among other things, the obligation to use gender-neutral job titles and job advertisements. The provisions stipulate that the changes will enter into force on December 24, 2025.
The amendment is part of the implementation of Directive (EU) 2023/970 of the European Parliament and of the Council of May 10, 2023, on pay transparency. Its goal is to eliminate pay inequalities, particularly between women and men, and to ensure equal treatment in recruitment processes.
What will change?
One of the key effects of the changes is the introduction of the obligation to use gender-neutral job advertisements, meaning that employers will have to review the language and structure of their postings to ensure they do not imply a gender preference.
The amendment also imposes on employers the obligation to inform the job candidate about the remuneration, its starting amount, or its range.
In addition to information about remuneration, the candidate must also be informed about the relevant provisions of the collective labour agreement or the remuneration regulations.
Furthermore, according to the new wording of the provisions, the employer will not be allowed to ask a female or male candidate about the amount of remuneration received in previous employment.
Neutrality of advertisements – what does it mean?
According to the new Article 18(3ca) § 3 of the Labour Code, the employer ensures that job advertisements and job titles are gender-neutral and that the recruitment process is conducted in a non-discriminatory manner.
The provisions do not specify what this means in practice. We will still have to wait for specific guidelines from the legislator or authorities, and even more so for case law.
So how should job advertisements be formulated in the meantime to comply with legal requirements?
How to formulate gender-neutral job advertisements
A few practical tips can be identified for employers on how they can adjust the language in their advertisements to meet the new requirements:
- use both masculine and feminine forms – e.g. specialist / specialistka,
- use the abbreviation (m/f) – e.g. Team Leader (m/f), covering both genders,
- use impersonal forms – e.g. person managing the team,
- use English job titles, such as Project Manager, which are gender-neutral.
Exceptions: when gender matters
Although the new regulations introduce a general obligation of gender neutrality in job advertisements, the law provides for exceptions. There are situations in which the gender of a candidate is a justified and objective criterion due to the nature of the position.
For example, this may apply to work requiring close physical contact or specialized activities where only persons of one gender can perform them in accordance with safety regulations or the specific nature of the work.
The amendment aims to protect against discrimination resulting from stereotypes, not from the actual requirements of the position. The employer should then clearly justify why, in a given case, indicating gender is necessary and compliant with the regulations.
Information about remuneration for the job candidate
Furthermore, the new provisions impose on the employer the obligation to provide the candidate with complete information about the proposed financial terms and the principles for determining them.
Each job offer should include:
- the proposed remuneration – the stated initial amount or range (salary band). This value must be based on objective criteria, taking gender neutrality into account.
- the basis for determining remuneration – information about applicable collective labour agreements or remuneration regulations, if applicable in the company.
Timing and form of providing remuneration information
The employer must provide the candidate with complete information about remuneration and its basis in written form (paper or electronic).
Information about remuneration must be provided at one of the following stages:
- in the job advertisement – if the company decides to disclose salary ranges immediately.
- before the job interview – when the information was not included in the advertisement.
- before starting work – if the candidate did not receive the information either in the advertisement or before the interview.
What cannot be asked of the candidate?
The employer is obliged to provide information about remuneration but may not ask the candidate about their current or previous remuneration or about financial details from previous employment. This prohibition arises directly from Article 221 § 1 point 6 of the Labour Code and is intended to protect candidates from discrimination and the perpetuation of pay inequalities.
At the same time, it is not excluded to discuss the candidate’s salary expectations in order to find common ground and ensure that the proposed conditions match the candidate’s profile and the position.
The new pay transparency regulations are mandatory
Violations are subject to fines of PLN 1,000–30,000, for example, for failing to include information about remuneration in a job posting, refusing to disclose pay criteria, or applying confidentiality clauses.
Additionally, a reversed burden of proof has been introduced – if an employee alleges pay discrimination, the employer must prove that the differences result from objective criteria, not gender.
