The directive
The directive explained
General
Directive (EU) 2023/970 of the European Parliament and of the Council of 10 May 2023 strengthens the application of the principle of equal pay for men and women for equal work or work of equal value, through pay transparency and enforcement mechanisms. Published on 17 May 2023, entered into force on 6 June 2023.
Source: EUR-Lex – Richtlijn (EU) 2023/970 · As of: 26 October 2026
Member States had to transpose the directive into national law by 7 June 2026.
Source: Europese Commissie · As of: 26 October 2026
The directive sets minimum requirements. Equal pay for men and women has been in the European treaties since 1957 and is now laid down in Article 157 TFEU.
Source: Europese Commissie · As of: 26 October 2026
Article 5 – Pay transparency before employment
These rules apply to job applicants and the recruitment process.
Information on starting pay
Job applicants are entitled to information about the starting pay or its range, based on objective, gender-neutral criteria, and where applicable the relevant provisions of the collective agreement. This can be provided in the job ad, before the interview or otherwise.
Source: EUR-Lex samenvatting · As of: 26 October 2026
No questions about pay history
Employers may not ask applicants about their current or previous pay.
Source: EUR-Lex samenvatting · As of: 26 October 2026
Gender-neutral job ads and job titles
The EU Pay Transparency Directive requires gender-neutral job ads and job titles (Article 5). In the Netherlands, this becomes a legal obligation once the new law takes effect.
Source: Richtlijn (EU) 2023/970, artikel 5 – EUR-Lex samenvatting · As of: 26 October 2026
Pay criteria
Employers make the criteria used to determine pay, pay levels and pay progression easily accessible to workers. These criteria must be objective and gender-neutral.
Source: EUR-Lex samenvatting · As of: 26 October 2026
Workers' right to information
Workers can request information on their individual pay level and on average pay levels, broken down by sex, for categories of workers doing the same work or work of equal value.
Source: Europese Commissie · As of: 26 October 2026
The employer responds within a reasonable period and at the latest within two months.
Source: Europese Commissie · As of: 26 October 2026
Employers inform workers of this right every year.
Source: Europese Commissie · As of: 26 October 2026
Workers may not be prevented from disclosing their pay in order to enforce their right to equal pay; the Commission describes this as a ban on pay secrecy clauses.
Source: Europese Commissie · As of: 26 October 2026
Pay gap reporting
250 or more workers: report every year, first report by 7 June 2027.
Source: Europese Commissie / EUR-Lex · As of: 26 October 2026
150 to 249 workers: report every three years, first report by 7 June 2027.
Source: Europese Commissie / EUR-Lex · As of: 26 October 2026
100 to 149 workers: report every three years, first report by 7 June 2031.
Source: Europese Commissie / EUR-Lex · As of: 26 October 2026
Fewer than 100 workers: no reporting obligation under the directive; Member States may introduce one.
Source: Europese Commissie / EUR-Lex · As of: 26 October 2026
The report covers, among other things, the gender pay gap, the median gender pay gap and the pay gap in complementary or variable components.
Source: Europese Commissie / EUR-Lex · As of: 26 October 2026
Joint pay assessment
If the report shows a difference in average pay of 5% or more within a category of workers that cannot be justified by objective, gender-neutral criteria and has not been remedied within six months, the employer carries out a joint pay assessment together with workers' representatives.
Source: EUR-Lex samenvatting · As of: 26 October 2026
This assessment is made available to workers, their representatives and the monitoring body.
Source: EUR-Lex samenvatting · As of: 26 October 2026
Enforcement
The directive provides for penalties, including fines, full compensation including back pay, and a strengthened shift of the burden of proof.
Source: Europese Commissie / EUR-Lex samenvatting · As of: 26 October 2026
The directive clarifies the concept of “work of equal value”.
Source: Europese Commissie / EUR-Lex samenvatting · As of: 26 October 2026
Equality bodies are competent for matters within the scope of the directive.
Source: Europese Commissie / EUR-Lex samenvatting · As of: 26 October 2026
EU resources
On 26 March 2026 the European Commission and EIGE launched EU-wide guidelines on gender-neutral job evaluation and classification, as a step-by-step guide for micro, small, medium-sized and large organisations.
Source: EIGE – Gender-neutral job evaluation · As of: 26 October 2026
The European Commission published an FAQ on the directive on 6 August 2026.
Source: Europese Commissie – FAQ richtlijn · As of: 26 October 2026
In the Gender Equality Strategy 2026–2030 (adopted 5 March 2026) the Commission confirms its commitment to full and timely implementation.
Source: [BRON NODIG – nog niet ingevuld] · As of: 26 October 2026