Rola przedstawicieli pracowników i rokowań zbiorowych w systemie przejrzystości wynagrodzeń w świetle dyrektywy (UE) 2023/970
The role of employee representatives and collective bargaining in the system of pay transparency under Directive (EU) 2023/970

Summary/Abstract: The article provides a doctrinal legal analysis of the forms of participation of employee representatives in the pay transparency mechanisms introduced by Directive (EU) 2023/970. The aim of the study is to demonstrate the differentiated model of representative participation and its relationship with the function of particular transparency instruments. On this basis, four principal forms of participation of employee representatives are identified: conditional participation, indirect participation, mandatory participation requiring the establishment of ad hoc representation, and optional participation. Particular attention is devoted to the joint pay assessment as a remedial instrument, within which Recital 43 of the Directive implies an obligation to ensure employee representation also in organisations lacking permanent representative structures. The article further indicates that collective bargaining plays a significant role in the implementation of the principle of equal pay, as confirmed by the experience of European countries with well‑developed systems of social dialogue. At the same time, the pay transparency mechanisms provided for in Directive (EU) 2023/970 strengthen this role by reducing information asymmetry and increasing access to pay‑related data. Consequently, the Directive contributes to strengthening the bargaining position of employee representatives and to the development of social dialogue in the field of remuneration.

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