Proposal for a Directive on strengthening the application of the principle of equal pay between men and women through pay transparency measures

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The EU Commission plans to take a legislative initiative that aims to tackle gender pay gap, by introducing binding pay transparency measures.

A new directive should:

  • reflect the outcome of the Commission’s evaluation on the relevant provisions of Directive 2006/54/EC on the implementation of the principle of equal opportunities and equal treatment of men and women in matters of employment and occupation
  • introduce compulsory measures in line with the Commission Recommendation 2014/124/EU on strengthening the principle of equal pay between men and women through transparency
  • complement other EU Commission initiatives such as Work-Life Balance Directive 2019/1158, and the proposed Directive on improving gender balance on company boards (COM/2012/0614 final)

Major problems the initiative aims to tackle:

  • the asymmetry of information between employees and employers about pay
  • the lack of information on the wage structure
  • the lack of understanding of some existing legal concepts (the concepts of "pay", "same work" and “work of equal value”)
  • the lack of gender neutrality in job classification and evaluation systems

Major objectives of the initiative:

  • strengthening access to information on pay levels
  • improving understanding of the above-mentioned legal concepts
  • enhancing enforcement mechanisms in the EU legal provisions

Main compulsory measures foreseeable:

  • staff rights to information
  • pay reporting and/or
  • pay auditing

The Commission will organise further targeted consultations with social partners and Member States, and a public consultation.

Go to the profile of Tanel Feldman

Tanel Feldman

Senior Partner , Immigration Law Associates

Immigration Law Associates provides in-depth advice on rights and obligations triggered by the cross-border element of a given legal situation. Our know-how is built on an extensive experience in EU law and is supported by a network of partners across the EU. Social security coordination : • Autonomous application of the social security coordination regulations and ECJ case-law, to any situation involves a cross-border element EU Company law : • Establishment -permanent activities • Establishment -self-employment activities International Private Law : • Law applicable to the employment relationship Labour and employment law : • Freedom of movement of workers-equal treatment, access to social benefits • Employment contracts and termination of employment • Working conditions • Employee benefits • Transfer of undertakings • Authorisations of work for third-country nationals Special regimes : • Posted workers • Frontier workers • Highly mobile workers • Employment of record • Intra-EU mobility of third-country nationals

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