Employee Obligations under the EU Pay Transparency Directive (Directive (EU) 2023/970)

Overview

Directive (EU) 2023/970 establishes a framework 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. While the Directive primarily imposes obligations on employers, it also outlines certain responsibilities and rights for employees to ensure effective implementation.

Employee Obligations and Responsibilities

Employees are expected to cooperate with employers and competent authorities in the implementation of pay transparency measures. Their main obligations include:

• Providing accurate and truthful information when participating in pay reporting or data collection processes related to remuneration transparency.
• Respecting confidentiality obligations concerning personal or sensitive pay data of other employees, where such confidentiality is required by law or internal company policy.
• Using the information obtained through transparency measures responsibly and solely for the purpose of exercising their rights under the Directive.
• Cooperating with internal or external investigations or audits concerning pay equality, when requested by competent authorities or equality bodies.

Employee Rights (Complementary to Obligations)

Employees have the right to request information on their pay level and average pay levels for categories of workers performing the same or equivalent work. They are also protected against retaliation for exercising these rights or for supporting colleagues in doing so.

Implementation and Compliance

Member States are required to transpose the Directive into national law by June 2026. Employees should familiarize themselves with the national provisions implementing the Directive in their respective countries to ensure compliance with both their obligations and the exercise of their rights.