Prawo do skutecznego negocjowania wynagrodzenia wolnego od uprzedzeń jako nowy element prawa do równej płacy w świetle dyrektywy 2023/970

The aim of this article is to demonstrate that Directive (EU) 2023/970 introduces a new dimension into EU labour law by shifting the focus of anti‑discrimination protection to the stage preceding employment and by recognising the right to effectively negotiate bias‑free remuneration as an element of the right to equal pay. This thesis is grounded in an analysis of the mechanisms laid down in Article 5 of the Directive, in particular the obligation to disclose pay information and the prohibition on asking candidates about their pay history. The article shows that pay transparency at the recruitment stage not only supports the enforcement of the principle of equal treatment but also serves a preventive function against pay discrimination by reducing information asymmetry and strengthening the bargaining position of job applicants. The article also provides a critical assessment of the Polish transposition—in particular Article 183ca of the Labour Code—which does not meet the minimum standard required by the Directive and weakens the preventive nature of transparency mechanisms aimed at combating pay inequalities.