Czy dyrektywa o przejrzystości wynagrodzeń rozwiąże problem z luką płacową w Polsce?
Will pay transparency solve the gender pay gap in Poland? Legal and structural limits of the Directive (EU) 2023/970

Summary/Abstract: This article provides a critical analysis of the mechanisms introduced by Directive (EU) 2023/970 and their potential impact on reducing the gender pay gap in Poland. The primary objective is to evaluate whether the transition from a reactive model of protection against discrimination to proactive transparency can effectively address pay inequalities. The success of the new regulations - specifically the right to information on average pay levels and the mandatory joint pay assessment mechanism - will largely depend on a profound reform of judicial evidentiary standards and the full objectification of job evaluation processes at the organizational level. The study contrasts EU requirements with the current provisions of the Polish Labour Code, as well as the case law of the CJEU and the Supreme Court of Poland. The analysis identifies significant systemic risks, such as the "leveling down" effect, and explores enforcement challenges faced by the National Labour Inspectorate. The article concludes with de lege ferenda recommendations regarding necessary amendments to Polish labour law.

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