Act No. 76/2026 Z. z. on equal pay for men and women took effect on 7 June 2026. The first firm deadline, introducing a pay structure by 31 July 2026, has passed. The duty remains: non-compliant businesses are late and enter disputes at a disadvantage.
What was required by the end of July?
Under § 3, employers must introduce a structure allowing assessment of equal work or work of equal value. Criteria must not be based directly or indirectly on sex and must include complexity, responsibility, effort and working conditions, expressly including social and communication skills. Where employee representatives exist, criteria are agreed with them.
Transitional § 18(1) gave businesses established before 7 June 2026 until 31 July. The Act does not impose a separate fine solely for delay, but the missing structure matters in disputes: an employer will struggle to justify differences objectively without recorded criteria.
Duties applying to every employer
Regardless of headcount:
- Pay information before interview. Applicants may know starting pay or its range before interview or contract conclusion (§ 4(2) and (3)). A published offer containing it satisfies the duty.
- No salary-history questions. Employers cannot require current or former pay information (§ 4(4)). A recruitment form’s “current gross income” field breaches this.
- Gender-neutral advertisements and recruitment. Job titles and offers must not be based on one sex.
- Accessible criteria. Employees must have access to criteria determining pay and pay levels (§ 5). Employers with fewer than 50 employees need not disclose pay-progression criteria.
Pay secrecy clauses are invalid
Under § 6(8), agreements requiring secrecy about an employee’s own pay or otherwise preventing disclosure are invalid. Employers may require confidentiality about colleagues’ average pay levels, not the employee’s own pay.
Employees also have a right to written information about their pay level and average male and female pay in the same category. Employers must respond within two months, with supplementary explanations within 30 days, and inform employees of the right annually. Average pay information is first provided for 2027.
Pay reporting by company size
| Employees | Frequency | First report |
|---|---|---|
| 250 or more | Annually by 15 April | By 7 June 2027 for 1 August–31 December 2026 |
| 150–249 | Every three years | By 7 June 2027 for 1 August–31 December 2026 |
| 100–149 | Every three years | By 7 June 2031 for 2030 |
| Fewer than 100 | Voluntary | — |
Reports go to the Labour Ministry and cover seven data groups, including median pay gaps and male/female proportions in pay quartiles (§ 8). Average registered headcount in the preceding calendar year is decisive.
A 5% gap alone does not trigger a joint assessment
Summaries often say “five per cent means a joint assessment”. § 9(1) requires three conditions together:
- The report shows at least a 5% gap in an employee category.
- The employer cannot justify it with objective, non-discriminatory criteria, and
- It is not remedied within six months after the report is provided to the Ministry.
Only then is a joint assessment due, within two months after that period. Businesses therefore have six months to remedy a reported gap, but must identify it early enough to act.
Supervision and consequences
The Labour Ministry imposes EUR 4,000–8,000 fines only for failure to provide a pay report. It first sets an additional deadline of at least 15 days (§ 16). A fine may be imposed within two years of breach.
Labour inspectors supervise other duties, including advertisements, criteria and information rights. The Equal Pay Act added them to inspection scope under § 2(1)(a) of Act No. 125/2006 Z. z., with sanctions under that Act rather than the range above.
In compensation disputes, the burden shifts: an employer breaching §§ 4, 5, 6, 8 or 9 must prove there was no discrimination, except where the breach was clearly unintentional and minor (§ 12). Compensation for unpaid remuneration, lost opportunities, non-pecuniary harm and interest has a three-year limitation period from actual or possible knowledge of the breach.
It is not only about men and women
Amended Labour Code § 119a(2) also gives same-sex employees equal pay rights for equal work or work of equal value. Two men in comparable roles may claim the same protection. Treating criteria as a gender-related formality does not solve the issue.
What to do now
- Record criteria and employee categories if they currently exist only in the payroll accountant’s head.
- Update adverts and recruitment questionnaires: show pay or its range and remove salary-history questions.
- Remove pay secrecy clauses from templates.
- Establish an information-request process that meets deadlines.
- With 100 or more employees, calculate gaps before the first report does.
We establish criteria, categories and documents through pay transparency, and update templates and policies through employment documentation and internal policies.
Sources
This article provides general legal information as at 16 August 2026. It does not constitute legal services or advice on your specific matter. Laws change and the details of your situation may differ. Check the appropriate course of action or contact us before making a decision.
