The new regulations grant employees the right to obtain information on salary levels, but this does not mean full transparency regarding pay data. The protection of personal data is of paramount importance.
An employee will not be able to request information that would allow them to identify the pay of a specific colleague. Access to certain data on average pay may also be restricted – in specific situations, equality bodies or in-house trade unions will be able to obtain such data.
However, this does not exhaust the issue. Doubts also arise in the context of legal disputes and the scope of information that may be disclosed for the purposes of proceedings. As Justyn Burska points out in a commentary for the Prawo.pl website, these issues still require clarification at the statutory level or the development of appropriate case-law.
“This issue is of significant importance because, in accordance with Article 9(1) of the Code of Civil Procedure, the parties have the right to inspect the case files and receive copies of them. Any disclosure of full data exclusively to the court, without making it available to the party, would therefore need to be reconciled with the party’s right to examine the evidence and respond to it.”
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