The European Wage Transparency Directive entered into force on June 6th, 2023. The goal: promote equal pay for men and women. The legislative proposal for the implementation of the Wage Transparency Directive for men and women implements the EU Wage Transparency Directive and imposes a number of obligations on employers.
1. Vacancies and job applications
☐ Job advertisements and job titles are formulated neutrally, without distinction on the basis of gender or other protected characteristics. Think of race, age or disability. Only objective factors should play a role in remuneration.
☐ Candidates are assessed on the basis of objective, transparent and predetermined criteria, such as education, experience, performance or job weight. Criteria such as negotiation skills or the last-earned salary are not allowed.
☐ The starting salary (or its bandwidth) is stated before or during the first interview, including the relevant remuneration criteria.
☐ There is no question of the previously earned salary of candidates.
☐ Information about other employment conditions, such as bonuses, allowances and overtime, is given in advance.
2. Cao Retail Non-Food
☐ The collective labour agreement is correctly and fully applied (functions, scales, allowances).
☐ Deviations from the collective labour agreement are only allowed if they are objectively justified and transparent.
☐ Deviations are recorded in writing and are transparent to all employees.
☐ The remuneration structure (all the rules and criteria used to determine the level of the salary and its structure) is transparent: it is fixed in advance, is objective and applies to everyone. It guarantees equal pay for equal work or work of equal value.
3. Deviations from the collective labour agreement (if applicable)
☐ Pay differences in comparable work can be explained objectively and transparently and are based on predetermined criteria. Comparable work is work that is similar in content, responsibilities, circumstances and required qualifications – even if job titles or precise tasks differ.
☐ The same rules and criteria apply to all employees in similar positions.
☐ Own wage agreements are in writing and simply recorded.
☐ Exceptions to equal pay are only allowed if this is legally permitted and properly justified (e.g. acquired rights in the event of a transfer of the company).
4. Information for employees
☐ Employees can request information about the remuneration level of colleagues in equivalent positions and receive it within two months. This includes data on one’s own salary, the remuneration level of colleagues in equivalent positions and the criteria on which this remuneration is based. Employees have the right to see that information.
☐ Employees are free to talk about their wages, without negative consequences or measures.
☐ Employees are informed annually about their right to wage information. The information is provided in understandable language and in an accessible manner.
5. Protection and temporary workers hired from an employment agency
☐ Employees are not disadvantaged or sanctioned if they ask questions about wages or make use of their rights.
☐ Temporarily hired workers are subject to the same rules for equal pay as regular employees.
☐ In the case of temporarily hired employment, the identity of the hiring company is disclosed.
6. Flexible labour and on-call workers
☐ For on-call workers and flexible work, the minimum wage entitlements and the scope of work are correctly applied.
☐ Deviations from the obligation to continued wage payment are only permitted within the legal limits and are recorded in writing.
7. Only for larger organizations
☐ 50+ employees: rules and criteria for wage development are transparent and transparent for all employees. This concerns the way in which wages develop over time, for example through periodic increases, increases in scale, bonuses or other structural adjustments.
☐ 100+ employees: periodic reporting on gender pay gaps has been prepared and meets the legal requirements.
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