Poland's president signs gender balance law for listed companies, sends it to Constitutional Tribunal

The signing and the referral

On 30 July 2026, President Karol Nawrocki signed five laws, including the amendment implementing the EU's Women on Boards directive. He simultaneously announced he would send the gender balance law to the Constitutional Tribunal for subsequent review. The presidential chancellery stated that Nawrocki signed the law because of the values in Article 33 of the Polish Constitution, which guarantees equality between women and men, and to reduce labour market injustices faced by women. However, he judged that the law contains serious legislative errors and may violate the freedom of economic activity and the principle of proportionality, potentially weakening the competitiveness of enterprises. The chancellery added that the law disproportionately restricts the freedom of economic activity, interferes with the organisational autonomy of public companies, and imposes extensive administrative and bureaucratic obligations. The president wants the Tribunal to examine whether the goal of increasing equal opportunities was achieved at the expense of constitutionally protected economic freedom and whether the legislator maintained a proper balance between public interest and entrepreneurs' rights.

What the law requires

The legislation introduces the concept of an "underrepresented gender" – the gender whose members hold no more than 49% of positions in a company's bodies. It requires that persons of the underrepresented gender occupy a number of seats closest to 33% of all positions on management boards and supervisory boards. The rules apply to large listed companies with a registered office in Poland and at least one share traded on a regulated market in an EU member state, provided they employ at least 250 people and have an annual turnover exceeding €50 million or an annual balance sheet total above €43 million. Micro, small and medium-sized enterprises are excluded. Companies must set clear, objective and non-discriminatory candidate selection criteria before starting a recruitment process. When candidates have comparable qualifications, preference must be given to the underrepresented gender. Candidates who believe the rules were violated can seek compensation in court.

Poland's starting point

According to the European Institute for Gender Equality, women held 30.6% of positions in the bodies of the largest listed companies in 2021. In the companies covered by the new law, women currently make up 26% of supervisory board members, and in every third company a woman chairs the supervisory board – the best result in Europe. Women hold 16% of management board positions. Across all managerial roles in large and small firms, Polish women occupy 44% of positions, placing Poland second in Europe behind Latvia, based on data from the third quarter of 2020.

Reaction from the government

Minister of Justice Waldemar Żurek welcomed the president's decision to sign the law.

Good news – the law implementing the Women on Boards directive will enter into force.

The Ministry of Justice has stressed that the new rules are meant to improve the application of equal opportunities for women and men in top executive positions and to build a modern, fair and competitive labour market where promotions are based on knowledge and competence, and recruitment is transparent and free from discrimination.

Other laws signed the same day

Alongside the gender balance legislation, President Nawrocki signed four other bills without referring them to the Constitutional Tribunal. These include an amendment to the Labour Code simplifying the definition of mobbing, raising the minimum compensation for victims and obliging employers to establish anti-mobbing procedures. Another signed law amends the Education Law to ban the use of mobile phones and other electronic devices in preschools and primary schools from 1 September 2026, with exceptions for educational purposes, urgent contact with parents, health or life threats, and special needs. The remaining two laws concern water law and public benefit activities and gambling.