According to the Labor Code, “a person who has been subjected to a violation of the principle of equal treatment in employment by the employer is entitled to compensation of no less than the minimum wage.”

The provisions of the European Parliament and Council Directive (EU) 2023/970 of May 10, 2023, concerning the enhancement of the principle of pay equality for men and women for the same work or work of equal value through pay transparency mechanisms and enforcement mechanisms, must be implemented into Polish law by June 7, 2026. Consequently, employers should start planning actions to eliminate unjustified pay disparities.

The pay equality directive applies to all employees and to individuals who have an employment contract with the employer, regardless of its name, type, duration, or place of work. Therefore, it is likely that the provisions will also cover contractors and individuals working under service or work contracts, provided that they perform work of equal value to that of permanent employees.

The aim of the directive is to eliminate all forms of pay inequality within organizations and to equalize employee salaries. It is important to note that all elements of pay will be subject to review, including hourly/monthly wages, which encompass supplementary or variable components, as well as any other benefits employees receive from their employer. These supplementary components include, among others, compensation, sick benefits, pension payouts, and overtime payments, all of which will also need to be subject to equal treatment. Furthermore, the directive’s provisions do not exclude variations in salaries among employees performing the same work, provided that employers use objective, gender-neutral criteria in determining pay levels.