On December 5, 2024, a draft bill amending the Labor Code was submitted, introducing significant changes to the transparency of remuneration. According to the planned amendment to the Labor Code, remuneration and its level are to be made public both during the employment relationship and before its establishment.
Can salary be disclosed now?
Under the current wording of the Labor Code, employers are obligated to respect the dignity and other personal rights of employees. Personal rights include information about the amount of remuneration due to an employee. Therefore, it is generally accepted practice not to disclose individual employee remuneration.
The Supreme Court ruled in a resolution of 7 Supreme Court judges dated July 16, 1993, I PZP 28/93, that the right of a trade union to "control the amount of employees' remuneration does not imply the right to demand information from the employer about the amount of the employee's remuneration without the employee's consent. Disclosure by the employer of the amount of the employee's remuneration without the employee's consent may constitute a violation of personal rights within the meaning of Articles 23 and 24 of the Civil Code."
In the justification of the resolution, the Supreme Court indicated that the employee has the “right to silence” in the scope of his employment relationship regarding the amount of remuneration.
Disclosure of earnings without the employee's consent could expose the employer to liability for damages for infringement of the employee's personal rights.
What do the new regulations provide?
The announced changes will provide for a procedure authorising employees to request information from their employers regarding their individual salary levels and average salary levels.
The employer will be obligated to respond to the employee without undue delay, no later than 14 days. Failure to respond may result in a fine ranging from PLN 1,000 to as much as PLN 30,000.
When will the regulations come into force?
According to the submitted draft, the new regulations should come into force six months after their publication. However, the draft is only at the initial stage of the legislative process, so it is difficult to predict when and in what form the regulations will come into force.
This article is for informational purposes only and does not constitute legal advice.
Legal status as of December 13, 2024
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