Will employment contracts and company regulations have to be amended?
The EU Pay Transparency Directive and Polish legislation currently being drafted that is to implement the Directive into the national legal order may make it necessary to amend employment contracts and company regulations in several respects.
Firstly, the Directive prohibits employers from using contractual provisions that would prevent employees from disclosing information about their own salaries. For this reason, clauses that prohibit discussions about salaries among employees or restrict employees' freedom to share information about their salary will be considered illegal.
Secondly, the Directive requires employers to have ordered remuneration structures that ensure equal remuneration for equal work or work of equal value. To this end, there will have to be a process for evaluating and categorising the value of employees’ work (or revising it) according to specific, non-discriminatory criteria, which will have to be communicated to employees. Consequently, since the remuneration framework conditions are generally established in the remuneration regulations, this may entail the need for some employers to update the relevant internal salary regulations.
Finally, the Directive promotes the use of gender-neutral job titles. Employers should make sure that the titles they use are not exclusionary and, when necessary, make appropriate changes to contracts and regulations, among other provisions.