How to recruit in accordance with regulations and build a good employer image?

dariakalenikova
12 hours ago
3 min read

Recruitment today isn't just about selecting candidates—it's also a key element of building an employer brand and adhering to the law. Improper practices can impact not only the candidate experience but also expose the organization to legal consequences.

Kandydat przesyła CV online, obok waga symbolizująca równą szansę i zgodność z prawem — A recruitment process compliant with regulations - the foundation of a good image and employer safety.

Recruitment and labor law – where is the line?

Although the recruitment phase is not formally regulated by the Labor Code itself, the obligations arising from it—for example, the prohibition of discrimination—extend to this stage.

For example, the principle of equal treatment in employment means that an employee cannot be treated less favorably upon entering into or terminating an employment relationship based on, for example, gender, age, disability, race, religion, or sexual orientation.

In practice, even a recruitment advertisement or job interview may violate the law if it contains language that could constitute discrimination.

Equality in the recruitment process - what does it look like at the entrance?

The principle of equal treatment means, among other things, that:

Candidates may not be selected or job advertisements may not be formulated in a way that suggests preferences based on gender, age, religion, or orientation.
Actions leading to indirect discrimination are prohibited (e.g., a requirement that, while neutral at first glance, in practice eliminates a significant portion of candidates from a specific group).

Example: A phrase such as "young, attractive female candidate" may be considered a violation of this principle.

What can and cannot be asked during a job interview?

A job interview is a time when questions can easily go beyond the professional sphere and could expose the employer to allegations of discrimination. Here are some inappropriate examples:

"Are you planning to start a family soon?" - such a question can lead to discrimination based on gender or family situation.
"What is your religion?" or "What are your political views?" - these are also unacceptable.

Instead: ask about competencies, experience, specific results, and the ability to perform specific tasks.

Employment conditions - minimum wage, labor standards and transparency

Under current law, employment conditions cannot be less favorable than those stipulated by law, including the minimum wage. As of January 1, 2025, the minimum gross wage in Poland is PLN 4,666 per month, and the minimum hourly rate is PLN 30.50.

This is important for both job postings and actual contracts – employers must take this into account when planning their budget and establishing employment conditions.

Candidate data protection - GDPR compliance

During the recruitment process, candidates' personal data are collected – first name/last name, CV, contacts, and professional experience. As a data controller, the employer must comply with the provisions of the GDPR and national amendments.

For example:

Candidates should be informed of the basis for processing their data (e.g., consent, necessity for pre-contractual activities).
After the recruitment process, the data of unsuccessful candidates cannot be retained without a legal basis or their consent – in accordance with the Polish interpretation of the GDPR.

What can an employer do to ensure the entire process is top-notch?

Here are some tips to help:

Prepare a clear recruitment ad: specific job requirements, scope of duties, minimum competencies, salary, or salary range (although regulations regarding salary transparency are currently being implemented in Poland).
Ensure transparency: ensure candidates know their current stage and the next steps – this positively impacts their experience.
Train the recruitment team: make recruiters aware of prohibited questions and the principles of candidate data protection.
Document the process: from the announced selection process, through contacts, inquiries, and decisions – documentation can be invaluable in the event of any doubts or claims.
Regularly update your legal knowledge: for example, changes to the minimum wage and other regulations are coming into effect in 2025.

Legally compliant recruitment is more than just a requirement—it's also a way to build a positive employer image, increase candidate attractiveness, and minimize legal risk. Ensure your process adheres to the principle of equal treatment, that questions and conditions are appropriate, and that candidate data is secure and legally processed.