La Official Gazette of the European Union has just published a Directive (the 2023/970) which can seriously contrast the discrimination and wage penalties suffered by women at work, who on average earn 13% less than men. From now on, when a company is sued for violating the equal pay, it will be up to the employer to demonstrate that there is or has not been direct or indirect discrimination to the detriment of the woman.
EU TURNING POINT IN MEN-WOMEN PAY EQUALITY
That of the EU is a turning point of no small importance because, as reported by Il Sole 24 Ore, "in addition to the duty of transparency, there is an obligation for EU companies to intervene when the pay gap exceeds 5% and opens the door to compensation for victims of pay discrimination". The new rule will also have effects on tenders, with respect to which the participating companies will have to comply with equal pay for men and women.
THE EUROPEAN DIRECTIVE MUST BE RECOGNIZED WITHIN 3 YEARS
The Directive is aimed at employers of the public and private sector and to all workers who have an employment contract "as established by each Member State but in the light of the jurisprudence of the Court of Justice of the European Union".
Salary transparency thus becomes the pivot of the Directive, which will have to be transposed by 7 June 2026, and employers will have to indicate the criteria used to determine the salary, salary levels and economic progression.
