behind the pay curtain
The directive adopts a very broad understanding of “remuneration”, far beyond “basic salary”.
Under the pay transparency regulations, a broad definition of “remuneration” will apply. It will be similar to the one currently provided for in Article 18(3c) § 2 of the Labor Code. This concept will therefore include all components of remuneration, regardless of their name and nature, as well as other work-related benefits granted to employees in monetary or non-monetary form.
It is not yet known. It depends on the shape of the Polish law that will implement the EU directive, the content of which is still unknown.
According to the directive, its provisions should apply to all employees who have an employment contract or who are in an employment relationship in particular under national law, with consideration of the case law of the Court of Justice of the European Union. On the one hand, the directive refers to Polish law when defining the term ‘employee’ (and therefore to who will be subject to the pay transparency regulations in Poland), but on the other hand, it requires that the case law of the EU Court be taken into account.
In general, yes. According to the directive, employers should determine and make available to employees applicable salary progression (increase) criteria. However, Polish regulations implementing the directive will be able to exempt employers with fewer than 50 employees from having to make these criteria available.
This depends on whether the company's remuneration policy has been set right and complies with the Directive’s requirements. If not, the pay structure will need to be revised or created. This may, in turn, require changes to the remuneration of individual groups of employees.
The Directive does not grant the right to find out the salary of a particular co-worker. Instead, the employee will be able to find out how his or her remuneration compares to the average earnings of other employees doing comparable work.
- Under the Pay Transparency Directive*, applicants have the right to obtain from their prospective employer, among other things, information on the starting salary or salary range offered for the job. This right includes information on both the basic salary offered and other benefits, whether in cash or in kind (e.g. bonuses, allowances, vouchers).