Will it be possible to see colleagues' pay slips? How the new transparency on salaries works
The draft legislative decree implementing EU Directive 2023/970 against pay discrimination between men and women, after the first green light from the Council of Ministers, must begin the path of approval in the parliamentary commissions
by Giorgio Pogliotti and Claudio Tucci
Key points
- To whom do the new rules apply?
- Would it be possible to know the colleague's salary?
- How can the acquired information be used?
- Which contracts are referred to?
- What are the deadlines for employers to collect data?
- The 5% threshold for discriminatory treatment
- What sanctions are triggered for employers?
- New rules for posting vacancies and interviewing candidates
Ensuring equal pay for men and women doing the same job, or a job of equal value, by introducing new transparency obligations for employers and protection mechanisms for female workers in case of discriminatory pay treatment.
This is set out in the draft legislative decree implementing EU directive 2023/970 that, after the initial green light from the Council of Ministers on 5 February, will have to start the approval process in the parliamentary commissions in order to return to the Council of Ministers for the final yes by 7 June.
To whom do the new rules apply?
The new rules apply to employers applying fixed-term and open-ended employment contracts - even if part-time - including management positions (excluding apprenticeship contracts and domestic work contracts) and to job applicants.
Would it be possible to know the colleague's salary?
A mechanism for internal publicity of the criteria used by employers to determine pay levels and economic progression is provided for (this is optional for employers with less than 50 employees). Employees have the right to information on the average pay levels, broken down by gender, of categories of employees performing the same or equally valuable work. There is no right to information on individual wage levels. The employer must give feedback in writing within two months of the request. The employer must give feedback in writing within two months of the request
How can the acquired information be used?
The information acquired by the worker, other than his or her salary or wage level, cannot be used by workers for purposes other than the exercise of their right to equal pay and cannot lead to the disclosure of the individual economic conditions of other workers (a decree of the Minister of Labour will identify the modalities for collecting and displaying the data). The worker, in any case, may not be prevented from disclosing his or her pay.



