New Rules

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

(Adobe Stock)

4' min read

Translated by AI
Versione italiana

4' min read

Translated by AI
Versione italiana

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.

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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.

Which contracts are you referring to?

The application of a collective agreement concluded by trade unions that are comparatively more representative at national level - including the systems of professional classification, grading and economic treatment - constitutes a "presumption of conformity with the principles of equal pay and transparency", without prejudice to the demonstration of the existence of discriminatory individual pay treatments.

 "Same work" refers to work performed in the exercise of identical tasks or tasks attributable to the same pay level and legal category of classification; "work of equal value" refers to different work performed in the exercise of comparable tasks, provided by the pay levels of classification. In both cases the reference is to the Ccnl applied by the employer or, in the absence thereof, to the Ccnl signed by the trade unions comparatively more representative at the national level for the sector of reference.

What are the deadlines for employers to collect data?

The list of data to be collected and reported (gender pay gap between male and female workers, gender pay gap in complementary or variable components, median gender pay gap...) by employers with at least one hundred employees is indicated.) by employers with at least 100 employees, with deadlines for transmission to a monitoring body: for employers with at least 250 employees by 7 June 2027 (and every year thereafter); for employers with between 150 and 249 employees by 7 June 2027 (and every three years thereafter); for employers with between 100 and 149 employees by 7 June 2031 (and every three years thereafter). Regulatory decrees of the Ministry of Labour will regulate the technical modalities for fulfilling this obligation.

The 5% threshold for discriminatory treatment

Employers shall carry out a joint assessment of remuneration with the employees' representatives if it emerges that there is a difference in the average level of remuneration between female and male workers of at least 5% in any category of workers; if the employer has not justified this difference in the average level of remuneration on the basis of objective, gender-neutral criteria; if the employer has not corrected this unfounded difference in the average level of remuneration within six months of the date of the communication of the information on remuneration.

This is a mechanism for evaluating the data collected to enable the proactive implementation of corrective measures for cases where the data collected reveal a 5% deviation between male and female workers' salaries that is not adequately justified by the employer.

What sanctions are triggered for employers?

The obligation to notify the competent authorities of findings of discrimination made by recipients of public benefits or holders of procurement contracts is provided for, in order to allow the adoption of the appropriate determinations (revocation of the benefit, exclusion from the contract), in addition to administrative pecuniary sanctions.

New rules for posting vacancies and interviewing candidates

Applicants for a job must be assured the right to information on the starting salary or salary range, on an objective and neutral basis, and on the collective agreement applicable to the position, with a prohibition on asking, directly or indirectly, what the current or previous salaries are. The legislative decree provides that notices for the search of candidates must be gender-neutral, also in relation to the professional qualifications required.

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