Pay Transparency – A Revolution That Is (Not Yet) Here? Commentary on New Information Obligations Towards Candidates

Introduction: Expectations vs. Reality

In recent months, numerous expectations have arisen around the implementation of regulations on pay transparency. Many individuals, both employees and HR departments—were convinced that as of the end of 2025, every job advertisement would be required to include salary ranges, and that the labour market would undergo a genuine revolution in terms of remuneration transparency.
However, the reality has proven to be different.

The Actual Scope of New Obligations Towards Candidates: What Does Article 183ca § 1(1) and (2) Change?

On 24 December 2025, a provision was added to the Polish Labour Code which imposes on the employer the obligation to provide a job applicant with:
• information on remuneration (a specific amount or a range—but only for the candidate’s purposes, not publicly),
• relevant provisions of the remuneration regulations defining the rules for payment of benefits.

These constitute two new obligations, but they do not include a categorical requirement to publish salary ranges in job advertisements. These are key aspects that are often overlooked in public discourse. The candidate is to be informed of the potential remuneration and be acquainted with the applicable pay regulations, but not necessarily through the job advertisement itself.

What Information Must a Candidate Receive?

The new provision ensures that a candidate, i.e. a person already participating (or about to participate) in a recruitment process, receives comprehensive information on all components of remuneration applicable to the given position, as well as on the remuneration rules that will apply to them.

This includes:
• basic salary,
• bonuses, allowances, and benefits (both monetary and non-monetary),
• even components resulting from statutory provisions, if their level within the company exceeds the statutory minimum.

Employer Obligations – How Should They Be Fulfilled?

Additionally, the employer should:
• explain to the candidate which provisions of the remuneration regulations apply and how they affect the candidate’s potential remuneration, or
• provide access to the relevant sections of the regulations for review.

It is crucial that the employer is able to document compliance with the information obligation, for example via email or through a recruitment system.

Why Does Pay Transparency Not Yet Extend to Job Advertisements?

This constitutes a significant expansion of the scope of information that an employer must disclose. However—and in my view this “however” is fundamental—this obligation does not concern the content of the job advertisement itself. The information is to be provided to the candidate, not to every individual browsing job offers.

EU pay transparency regulations have been communicated as a breakthrough towards openness in remuneration. In many countries, there is indeed an obligation to disclose salary ranges already at the job advertisement stage. Poland has not elected to take this step.

It can therefore be said that we have embarked on the path towards pay transparency, albeit in a very limited form. The legislator has left considerable flexibility in this regard.

My Assessment: A Step Forward, but Not a Breakthrough

From the candidates’ perspective, this is a substantial change. They gain access to real data on how much they will earn and under what conditions before deciding to accept employment.

From the perspective of the labour market as a whole, however, this remains insufficient to speak of true pay transparency. As long as salary ranges are not part of job advertisements, the recruitment process remains asymmetrical: candidates often “guess” their expectations without knowing what budgets HR has allocated for a given position.

There are strong indications that the discussion on pay transparency is only just beginning. If Poland follows the path of other EU Member States, it is possible that subsequent stages will introduce an obligation to publish salary ranges also in job advertisements. For the time being, however, rather than a revolution, we are witnessing an evolution.