Work is currently underway on a law implementing the 2023 EU Directive on equal pay for women and men for the same work or work of equal value (“PTD”). The proposed text of the law is currently at the consultation stage, but the Ministry of Family, Labour and Social Policy (“Ministry”) has consistently emphasised that its aim is to implement EU requirements without creating excessive regulations.
Implementation deadlines and stability of project assumptions
Although the formal deadline for implementing the directive is 7 June 2026, the Ministry is already signalling the possibility of a delay in the entry into force of the regulations and an extension of the vacatio legis (possibly even until early 2027). The reason is not the shape of the draft itself, but systemic issues, including the lack of provisions establishing the so-called equality body, which, according to the Ministry’s preparations, would be fulfilled by the State Labour Inspectorate. At the same time, the Ministry clearly indicates that the basic assumptions of the bill are already established and should not undergo significant changes, meaning that employers can (and indeed should) begin preparations regardless of the final date the regulations come into force. Following public consultations, the Ministry anticipates the possibility of extending the deadlines for employers to provide explanations from 14 to 30 days, clarifying certain definitions, including “pay bands”, and providing a clearer distinction between obligations in cases of a pay gap exceeding 5% and other unjustified differences.
Job evaluation and pay structures as the foundation of the new remuneration system
According to statements from the Ministry, the central element of the proposed regulations is the obligation to conduct job evaluation, understood as an assessment of the value of a position rather than a specific employee. On this basis, employers will be required to build coherent pay structures, including grading categories and pay bands. Employers will retain the freedom to choose the method of job evaluation, provided it is based on objective and gender-neutral criteria. The analytical-point method recommended by the Ministry will not be mandatory. The draft also allows for pay differentiation based on work in a specific region, provided it is proportionate and justified by objective factors such as cost of living or the local labour market situation.
Additionally, the European Commission has recently published a comprehensive document providing tools for gender-neutral job evaluation and classification. In our view, it is highly useful and may serve as substantial support for organisations implementing remuneration systems in line with current market standards and legal requirements. If you are interested in using this tool, we are ready to direct interested clients to the relevant sources and provide further information.
Universal scope of the law
From a market perspective, it is important to note that the proposed bill will apply to all employers, regardless of the size of the organisation or the gender composition of the workforce (subject to certain obligations that depend on the number of employees, including pay gap reporting). This means, in particular, that the new remuneration related obligations will generally also apply to small employers, including those employing just one person. This means that the new obligations will also cover small employers, including those employing just one person. However, the Ministry indicates that, under the current legal framework, there are no plans to include uniformed services within the scope of the act, even though they are considered employees under CJEU case law.
What should employers do now?
Although the provisions are not yet final, the current stage of legislative process provides employers with a genuine opportunity to prepare for the upcoming changes. Therefore, we recommend:
- reviewing existing or preparing future job evaluation systems;
- auditing current pay structures;
- preparing an individual timetable for compliance;
- reviewing or creating internal pay policies and procedures, as well as other documents, to ensure compliance with the newly drafted regulations;
- preparing Q&A, procedures required by the directive, templates for communication with employees.
Such actions will not only help mitigate future legal risks but also ensure the smooth and orderly implementation of new obligations once the law comes into force.
