Wage transparency, by 18 March the opinion of the Labour Commissions

Ten days in Montecitorio to summarise and then final approval by the Council of Ministers: this is the procedure for the transposition of the directive on wage transparency (2023/970) in Italia. By 18 March, in fact, the Labour Commissions of the House and Senate must express an opinion on the draft decree that introduces important innovations in favour of wage equity between men and women, both in the recruitment phase and in professional growth. A small revolution that will apply to all companies, with an additional reporting burden starting in 2027 for larger companies (with more than 100 employees). The commissions in recent weeks have heard and collected written pleadings from the social partners. Appreciated is the direct reference to the main national labour contracts, an important indication especially for small and medium-sized enterprises, which will be able to refer to the contractual levels of the individual Ccnl. "In large companies, on the other hand, the contractual levels contain very different professions," explains Ornella Patané, partner at Toffoletto De Luca Tamajo and expert in labour law for companies, "It is therefore important to define a personnel classification system to supplement the provisions of the CCNLs, which is more granular and suitable for each individual company. A possibility that the draft decree provides for, provided that the criteria are non-discriminatory, objective and gender-neutral.

One of the main junctures is precisely the definition of pay levels (Art. 3, B of the draft decree), which amends the directive by excluding 'non-structural individual economic treatment'. But it is precisely here - in the attribution of superminimis and discretionary bonuses - that pay disparities are created, currently 20% in the private sector: 'If we want to take action to reduce the real wage disparity,' explains Maurizio del Conte, professor of Labour Law at Bocconi University, 'we must not go and look at the rules of the game, which are already the same for everyone, but how they are applied in organisations.

The transposition decree must be approved by 7 June, but it will be important to define the timeframe in which companies must comply. The directive, in fact, introduces the prohibition to ask for the last RAL and the obligation to clearly indicate the role and salary offered by the company at the selection stage. But also the right for male and female workers to ask for clarification of their salary, compared to average salary levels, with explanations of any differences and the obligation for the company to respond within two months.

In addition, from 2027 companies with more than 250 employees will have to report on an annual basis - on a three-yearly basis for those from 100 to 250 - their gender pay gap. Where it exceeds 5 per cent, the company will be obliged to jointly assess it with trade unions, with the aim of reducing the gap.

'I am convinced that, beyond legitimate fears,' Del Conte clarifies, 'the implementation of this directive will also have positive effects for SMEs, because it will foster greater transparency in all remuneration policies and will therefore be a tool for organisational innovation and efficiency.