EU action for equal pay (2024)

EU action for equal pay (1)

Equal pay for equal work

Equal pay for equal work is one of the EU’s founding principles enshrined in Article 157 of the Treaty on the Functioning of the European Union (TFUE). EU countries must eliminate discrimination on grounds of sex with regard to all aspects and conditions of remuneration for the same work or for work of equal value.

The EU monitorsthe correct transposition and enforcement of the Directive 2006/54/EC on equal pay and supports EU countries to properly implementexisting rules. The Directive 2006/54/EC consolidated existing directives on gender equality in the field of employment together with the case-law of the Court of Justice of the European Union.

The Commission also undertook a thorough evaluation of the existing framework on equal pay for equal work or work of equal value published in March 2020.

5 MARCH 2020

Evaluation of EU equal pay provisions

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5 MARCH 2020

Report on the evaluation of EU equal pay provisions

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Pay Transparency

Women often remain unaware about pay discrimination in their work. A lack of wage transparency does not allow a proper assessment of the reasons for pay inequalities.

The European Commission adopted a Recommendation on strengthening the principle of equal pay between men and women through transparency in March 2014. It provides guidance to help EU countries implement the equal pay principle more effectively and focusses especially on enhancing pay transparency.

In herpolitical guidelinesCommission President, Ursula von der Leyen, has committed to table measures to introducebinding pay transparency measures.The Commission therefore presented on 4th March 2021 a Proposal for a directive to strengthen the application of the principle of equal pay for equal work or work of equal value between men and women through pay transparency and enforcement mechanisms. The proposal is based on Article 157(3) of the TFEU. The article provides for the European Union to adopt measures to ensure the application of the principle of ‘equal opportunities and equal treatment of men and women in matters of employment and occupation, including the principle of equal pay for equal work or work of equal value’.

In the preparation of the proposal, the Commission launched a wide-ranging and inclusive consultation process with the public, the Member States and the social partners which closed on 28 May 2020. The present initiative follows on the Commission’s evaluation of the relevant legal provisions and previous Commission work as well as an impact assessment.

On 15 December 2022, the European Parliament and the Council reached a political agreement on the Directive on pay transparency measures.

The co-legislators signed the Directive (EU) 2023/970 on 10th May 2023 and it is now publicly available at: EUR-Lex - 32023L0970 - EN - EUR-Lex (europa.eu). Once the Directive enters into force on 6 June 2023, Member States have three years to transpose it into national law.

4 MARCH 2021

Proposal COM(2021) 93 final

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4 MARCH 2021

Factsheet - Pay Transparency - Equal pay for women and men for equal work

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  • português

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4 MARCH 2021

Executive summary of Impact assessment accompanying the proposal for binding pay transparency measures

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    (494.59 KB - PDF)

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4 MARCH 2021

Impact assessment accompanying the proposal for binding pay transparency measures

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(4.1 MB - PDF)

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The gender pay gap Action Plan

The Commission adopted the EU Action Plan 2017-2019: Tackling the gender pay gapin November 2017. It addresses the various root causes of the gender pay gap through a holistic approach. Its 24 action points are distributed under 8 main strands of action, namely:

  • Improving the application of the equal pay principle;
  • Combatting segregation in occupations and sectors;
  • Breaking the glass ceiling: addressing vertical segregation;
  • Tackling the care penalty;
  • Better valorising women's skills, efforts and responsibilities;
  • Uncovering inequalities and stereotypes;
  • Alerting and informing about the gender pay gap; and
  • Enhancing partnerships to tackle the gender pay gap.

The Commission published a Report on the implementation of the EU Action Plan 2017-2019 on tackling the gender pay gap in March 2020.

5 MARCH 2020

Report on the implementation of the 2017-2019 on tackling the gender pay gap action plan

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5 MARCH 2020

Complementary report on the implementation of the 2017-2019 on tackling the gender pay gap action plan

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(377.28 KB - PDF)

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The Work-Life Balance Directive

Care responsibilities vary during the life cycle, for instance when people have children or frail elderly parents. Women and men should both have the possibility to combine private and working responsibilities in an equal way. This was at the core of the EU’s directive on work-life balance for working parents and carers adopted in April 2017.

Details on the work-life balance directive

EU rights to work-life balance

Gender Balance on Corporate Boards

The Directive for Gender Balance on Corporate Boards requires large-listed companies to attain at least 40% of the underrepresented gender in their supervisory boards of listed companies, or 33% among all directors. It also provides legal requirements safeguards for clear objective and transparent board appointment procedures, with objective assessment based on qualification and merit, irrespective of gender.

Achieving gender balance in decision-making

Raising Awareness

TheEqual Pay Day takes place in many European countries (e.g. e.g. Austria, Belgium, Czechia, Estonia, France, the Netherlands, Portugal, Slovakia, Spain and Sweden). The event aims at raising awareness on the gender pay gap. It has received a lot of media attention and triggered various national equal pay campaigns.

The EU’s Equal Pay Day falls on 10 November. It marks the day when women symbolically stop getting paid compared to their male colleagues for the same job.

Documents

8 APRIL 2019

A new start to support work-life balance for parents and carers

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31 OCTOBER 2019

Guide on equal pay landmark case-law of the Court of Justice of the European Union

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(312.85 KB - HTML)

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EU action for equal pay (2024)

FAQs

What is the Equal Pay Act in the EU? ›

Equal pay for equal work

EU countries must eliminate discrimination on grounds of sex with regard to all aspects and conditions of remuneration for the same work or for work of equal value.

How do I fix the Equal Pay Act? ›

Federal policy recommendations

These include: Pass the Paycheck Fairness Act: Doing so will strengthen equal pay protections for workers codified in the Equal Pay Act, prohibit retaliation against workers who discuss their pay or challenge pay discrimination, and limit employers' reliance on salary history.

What are the four affirmative defenses for unequal pay for equal work? ›

individual makes each of these showings, the defendant employer may avoid liability by proving that the wage disparity is justified by one of four affirmative defenses—that is, that the employer has set the challenged wages pursuant to “(1) a seniority system; (2) a merit system; (3) a system which measures earnings by ...

What country in Europe has the gender pay gap? ›

Gender pay gap (2022)

Estonia had the highest gender pay gap at 21.3 per cent, followed by Austria (18.4 per cent), Switzerland and Czechia (both 17.9 per cent). Luxembourg (-0.7 per cent) was the only country with a negative figure, meaning women earned slightly more than men.

Why does the Equal Pay Act not work? ›

But the Act only applies to workers in the same workplace. The EPA also leaves untouched the myriad forms of sex and race discrimination that keep women clustered in underpaid sectors. The EPA's narrow framing cannot measure the value workers create for employers or for our society.

Was the Equal Pay Act successful? ›

The Equal Pay Act of 1963 was the first in a series of major federal and state laws that had a profound effect on job opportunities and earnings for women over the next half century, and laid the foundation for the movement of women into the paid labor force at unprecedented levels.

Is equal pay still a problem? ›

Women are paid less than men at every education level

Despite gains in educational attainment over the last five decades, women still face a significant wage gap. Among workers, women are more likely to graduate from college than men, and are more likely to receive a graduate degree than men.

What is an example of a violation of the Equal Pay Act? ›

An example of a violation of the Equal Pay Act is when a male manager receives a higher salary than a female manager with the same job title or duties.

What are the damages for the Equal Pay Act? ›

Under the Equal Pay Act, an employee can recover the difference in wages, interest, and an equal amount as liquidated damages. If an employee files a case in court, he or she can also recover attorney's fees and costs.

What are the loopholes in the Equal Pay Act? ›

Previously, employers attempted to get around equal pay laws by assigning different job titles to those of the opposite sex, race or ethnicity even though they were doing nearly identical work as their counterparts. California closed this loophole with the Fair Pay Act of 2015 (which became effective January 1, 2016), ...

What made unequal pay for equal work illegal? ›

Since passing the EPA, Congress has expanded federal protection against compensation discrimination through additional laws, including Title VII of the Civil Rights Act of 1964, the Age Discrimination in Employment Act (ADEA) of 1967, and Section 501 of the Rehabilitation Act of 1973.

Which country has the worst gender pay gap? ›

South Korea, on the other hand, is the country with the highest gender pay gap of the OECD countries, with a 31.2 percent difference between the genders. The gender pay gap displays the difference between median wages of full-time employed men and full-time employed women.

What is the Equality Act in the EU? ›

Any discrimination based on any ground such as sex, race, colour, ethnic or social origin, genetic features, language, religion or belief, political or any other opinion, membership of a national minority, property, birth, disability, age or sexual orientation shall be prohibited.

What is the Equal Pay Act in simple terms? ›

The Equal Pay Act requires that men and women in the same workplace be given equal pay for equal work. The jobs need not be identical, but they must be substantially equal.

What is the pay transparency law in the EU? ›

The European Union's Pay Transparency Directive, effective from June 2026, sets new standards for openness and fairness in pay practices. It aims to ensure equal pay for equal work or work of equal value across genders, workers with disabilities, and non-binary or gender-neutral individuals.

What are the equal rights in the EU? ›

Every EU citizen enjoys the same fundamental rights based on the values of equality, non-discrimination, inclusion, human dignity, freedom and democracy. These values are fortified and protected by the rule of law, spelled out in the EU Treaties and the Charter of Fundamental Rights.

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