Over the summer, the European Commission published some frequently asked questions (FAQs) on the European Pay Transparency Directive.

By way of reminder, the Directive had to be transposed into national law by 7 June of this year, but only a few Member States met this deadline.

Are the 13 pages of FAQs worth your time? Not really, so we have summarised the most interesting takeaways for you:

• The FAQs confirm that the information that must be provided to job applicants on expected pay does not necessarily have to be included in the job vacancy notice, but it must be provided prior to the job interview.

• Obligations under the Directive do not apply to genuinely self-employed workers. However, bogus self-employed workers (i.e. those that really ought to be considered employees) may be caught.

The principle of equal pay applies to all employers, even when pay is set through collective bargaining. This point is a helpful reminder that pay structures are not necessarily compliant with the Directive purely because they are based on collective bargaining agreements (CBAs). If these CBAs are not weighing jobs on the basis of the criteria put forward by the Directive and European case law (skills, effort, responsibility and working conditions), the company’s pay structures may still be called into question.

• When determining pay, either as part of a pay assessment or in response to a request for information, all elements of pay should be included.
  • Employers’ contributions to...

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