Employment law in Poland | May 2026
Read about the latest changes in employment law
May 29, 2026
Employment law in Poland | May 2026Read about the latest changes in employment lawMay 29, 2026 New draft bill implementing the pay transparency directiveOn 4 May 2026, a new draft bill on strengthening the application of the right to equal pay for men and women for equal work or work of equal value was published on the Government Legislation Centre’s website. The new version of the draft replaces the previous version of the bill from the end of last year and provides for a 6-month grace period from the date of the bill's promulgation. At the current pace of parliamentary work, the provisions could come into force as early as the beginning of 2027, although the final date will depend on the course of the legislative process. The draft explicitly stipulates that benefits related to the termination of employment, such as severance pay, will not be included in the calculation of remuneration. Additionally, the proposed provisions stipulate that if the employer does not distinguish between positions within the structure, the assessment will be based on the nature of the work. Employers are required to apply the same criteria (and any sub-criteria and additional criteria) to all positions or all types of work. The reporting of the pay gap is to be based on annual working units. An employee will be able to obtain information on individual and average pay levels, including hourly rates, for the twelve-month period preceding the month in which the request is made. The role of the equality body will be fulfilled by a newly established collegial body, the Commission for Combating Discrimination in Employment. The draft also provides for a change to the range of fines for offenses set out in the proposed bill. The range of fines is changing from PLN 3,000–50,000 to PLN 2,000–60,000. The proposed provisions also expand the list of offenses punishable by penalties, which includes, among other things, the failure to classify job roles and the failure to specify the factors used to determine employees' pay, pay levels, and pay increases. The draft has been submitted for public consultation. New draft implementing regulation on pay gap indicatorsAlongside the new draft bill implementing the Pay Transparency Directive, a draft implementing regulation has been published. The regulation sets out detailed information on the indicators included in the report on the pay gap between female and male employees, the method for calculating the indicators, and the formula for their calculation. In reports on the gender pay gap, employers will be required to provide, among other things, two indicators: the annual and hourly pay gaps. The Regulation will enter into force 14 days after its publication. Draft bill on internships publishedOn 21 April 2026, the Ministry of Family, Labor and Social Policy presented the latest version of the draft Act on Internships. The new Act, which comprehensively regulates the rules governing internships, implements the EU recommendation on an enhanced quality framework for internships into the Polish law. The level of remuneration for interns has been increased in comparison with the original version of the draft. The new rate is 65% of the minimum wage, which is a significant increase from the previous rate of 35%. Concurrently, underage interns (i.e., interns who are under 18 years of age, have completed secondary education, and fulfill their compulsory education requirements by attending the internship) will receive a minimum cash allowance of PLN 250. Concurrently, the provision that permitted trainees to accrue paid days off at a rate of 1 day for every 30 days of the internship and 2 consecutive days after exceeding 90 days of the internship has been eliminated. The Act also stipulates that if an internship is carried out under conditions that resemble an employment relationship, it is considered to be performed under an employment contract, regardless of the name given to that contract. Please note that certain provisions of the Labor Code will not apply to an internship contract treated as an employment contract. These provisions include those concerning retirement and death benefits, as well as paid and unpaid leave. It should be noted that the provision stipulating that matters not covered by the Internship Act would be governed by the Civil Code has been removed from the latest draft. The Council of Ministers is currently reviewing the draft. Draft amendment to the employee capital plans (PPK) act is readyOn 28 April 2026, the government adopted a draft act amending the Act on Employee Capital Plans and the Act on Special Measures Related to the Prevention, Counteraction and Combating of COVID-19, Other Infectious Diseases and Crisis Situations Caused Thereby. The draft is a component of the government's broader strategy to reduce regulatory burdens. The primary objective of the draft is to streamline the process by which the Polish Development Fund (PFR) requests that employers enter into a PPK management agreement. The current paper-based calls to conclude a PPK management agreement will be replaced by electronic versions sent to the employer's account with the Social Insurance Authority (ZUS). The requests will be signed electronically and will be deemed to have been delivered on the day they are viewed in the ZUS account or 14 days after they are made available. At the same time, employers will still have 30 days to conclude a PPK management agreement from the date of delivery of the request. The draft amendment will now be submitted to parliament. The Act stipulates that the aforementioned changes will take effect 14 days after their publication. Amendment to the labor code on mobbing and discrimination adopted by the parliament’s standing subcommitteeOn 13 May 2026, the Standing Subcommittee on the Amendment of the Labor Code and the Code of Administrative Procedure adopted a report on the government's draft bill amending the Labor Code and the Code of Civil Procedure. The draft bill proposes substantial changes to protect employees against discrimination and mobbing. In the area of discrimination, the list of its forms has been expanded to include discrimination by assumption (where a protected characteristic is wrongly attributed to an employee) and discrimination by association (due to a connection with the person to whom the cause relates). In cases where the principle of equal treatment has been violated, individuals are entitled to compensation amounting to at least the minimum wage. In the event of a repeated breach of the principle of equal treatment — understood as repeated breaches arising from the same or multiple grounds — the minimum compensation will amount to three times the minimum wage. Regarding the matter of mobbing, the draft introduces a streamlined definition: "Mobbing" will refer to behavior consisting of persistent harassment of an employee, with persistence defined as the repetition, recurrence, or continuity of such behavior. The Act outlines a non-exclusive list of behaviors that may constitute mobbing, such as humiliation, intimidation, underestimating an employee's professional competence, unjustified criticism, and isolating an employee. The minimum compensation for mobbing will amount to six times the minimum wage. Justified actions taken against an employee, in particular holding them to account for the work entrusted to them or criticizing their work in an appropriate manner, will not be considered mobbing. The draft also imposes an obligation on employers with at least nine employees to establish regulations setting out the rules, procedures, and frequency of measures to prevent discrimination, mobbing, and violations of employees' dignity. The bill will now return to parliament’s plenary session for its second reading. The Act is due to take effect 21 days after its promulgation. Parliament will consider the draft amendment to the minimum wage act onIDuring the parliament's last session in May, the first reading of a parliamentary bill amending the Act on the Minimum Wage was scheduled. The primary objective of the bill is to align the minimum wage with the basic salary. Therefore, allowances, bonuses, or awards, which are considered discretionary or variable benefits, cannot be included in the minimum wage calculation. According to the draft's authors, the minimum wage aims to represent a fixed, guaranteed portion of an employee's salary, independent of performance or the employer's bonus policy. The draft also includes a provision for automatic calculation of interest for late payment of wages, eliminating the need for employees to submit claims. A new offense is being introduced into the Labor Code. This offense consists of the non-payment of wages for a period of at least three months. The punishment for this offense may be a fine of between PLN 5,000 and PLN 60,000 or a limitation of liberty (e.g., community service). The draft also increases the penalties for offenses against employees' rights. For example, the fine for paying wages below the minimum wage will range from PLN 2,000 to PLN 60,000 (previously from PLN 1,000 to PLN 30,000). Under the original draft, the Act was due to come into force on 1 January 2026. From that date, the following were to be excluded from the minimum wage: long-service awards, retirement or disability severance pay, overtime pay, night work allowance, length-of-service allowance and allowance for special working conditions. The exclusion of the position allowance, other allowances, and bonuses and awards was to take effect from 1 January 2027.
Latest NewsLatest Events
|