{"id":6644,"date":"2023-05-29T10:18:00","date_gmt":"2023-05-29T10:18:00","guid":{"rendered":"https:\/\/toffolettodeluca.it\/?p=6644"},"modified":"2023-05-29T10:18:02","modified_gmt":"2023-05-29T10:18:02","slug":"new-directive-on-equal-pay-and-pay-transparency","status":"publish","type":"post","link":"https:\/\/toffolettodeluca.it\/en\/new-directive-on-equal-pay-and-pay-transparency\/","title":{"rendered":"New directive on Equal Pay and Pay Transparency"},"content":{"rendered":"\n

In the EU, women earn an average 13% less than men for the same work.\u00a0This is the starting point for Directive (EU) 2023\/970, which aims to establish the\u00a0right to equal pay<\/strong>\u00a0for men and women performing the\u00a0same work or work of equal value<\/strong>.<\/p>\n\n\n\n

The aim of the European Union is not to affect existing national wage-determination systems\u2014which can, therefore, continue to differ\u2014but to guarantee that companies ensure gender pay equality<\/strong> through transparent criteria for determining pay.<\/p>\n\n\n\n

The measure applies to all employers, public and private, and to all employees as well as applicants for employment.<\/p>\n\n\n\n

Member States must transpose the new rules by 7 June 2026.<\/strong><\/p>\n\n\n\n

Pay Transparency <\/strong> <\/strong><\/h5>\n\n\n\n

The directive sets, first of all, the obligation for companies to make accessible to workers the criteria<\/strong> used to determine pay<\/strong>, pay levels<\/strong> and pay progression<\/strong>, which must in any case be gender neutral.<\/p>\n\n\n\n

Moreover, during personnel selection, applicants<\/strong> shall have the right to receive information about initial pay<\/strong> and not to disclose<\/strong> their current pay or prior pay history.<\/p>\n\n\n\n

During the course of the employment relationship, employees may instead request<\/strong> (personally, through their representatives or through an equality body) and are entitled to receive within two months of the request, information on their pay level<\/strong> as well as on the average pay received by colleagues performing similar work or work of equal value, broken down by gender. Employers must inform workers annually<\/strong> of this right and how to exercise it.<\/p>\n\n\n\n

Moreover, employees may not be prevented from disclosing information on their personal pay treatment for the purpose of implementing the principle of equal pay (so-called prohibition of wage secrecy<\/strong>).<\/p>\n\n\n\n

Member States must also ensure that companies make information on the gender pay gap<\/strong> available to the competent authorities. This information, unless otherwise provided by single Member States, must be provided by 7 June 2027, by companies employing at least 150 workers, and by 7 June 2031, by companies employing between 100 and 149 workers. Such data may also be transmitted voluntarily<\/strong> by employers with fewer than 100 workers.<\/p>\n\n\n\n

Furthermore, with specific reference only to information<\/strong> regarding the gender pay gap<\/strong> grouped intocategories of workers<\/strong> and broken down into fixed and variable pay components<\/strong>, it is provided that this must be provided by employers to all workers<\/strong> and their representatives and forwarded, on request, to the Labour Inspectorate and equality bodies<\/strong>. The latter may request that companies provide clarification<\/strong>and\/or additional information<\/strong> and take appropriate corrective measures<\/strong>, when necessary, if any pay differences are not justified by objective criteria<\/strong>.<\/p>\n\n\n\n

Finally, it is envisaged that, in the presence of an unjustified<\/strong> average gender pay gap<\/strong> of 5% or more, employers shall cooperate<\/strong> actively with trade unions<\/strong> in order to identify the necessary solutions.<\/p>\n\n\n\n

Safeguards<\/strong><\/strong><\/h5>\n\n\n\n

The Directive also introduces measures to ensure effective protection<\/strong> against pay discrimination insofar as it:<\/p>\n\n\n\n