Is it necessary to include salary ranges in job advertisements?
- 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).
- This information should be provided in such a way as to ensure an informed and transparent negotiation of remuneration, e.g. in the published vacancy notice, before the interview or otherwise. The Directive does not imply an absolute obligation to provide salary information in every recruitment advertisement. The provision itself indicates that such information may be brought to the attention of the candidate in other ways, even individually in the invitation to the interview.
- According to a parliamentary draft Polish law, when an employer publishes information about the possibility of employment in a particular position, the information should include the amount of the proposed salary, stating its minimum and maximum. The information may mention that the amount is negotiable.
- It is therefore likely that it will become mandatory to include this information in a job advertisement. Ultimately, however, this will depend on the exact changes made to the Polish Labour Code.
* Directive (EU) 2023/970 of the European Parliament and of the Council 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.
** Draft amendment to the Labour Code (Parliamentary Paper No. 934). It should be noted that in Poland directives are - as a rule – transposed by government bills, so it is uncertain whether the parliamentary draft bill will be finally adopted.