Question and answer

Can an employer ask about my salary history?

By , founder of Egalis ·

In short

No. Art. 5(2) of the Directive prohibits employers from asking applicants about their pay in current or previous employment relationships — in interviews, in forms, anywhere in the hiring process. Asking about your salary expectations remains allowed.

In detail

The ban exists because anchoring offers to past pay imports historical discrimination into every new contract — it is one of the mechanisms that keeps the gap alive.

If an application form or recruiter asks for your current salary or a payslip, that is precisely what the Directive prohibits.

The distinction that matters: "what do you earn now?" is banned; "what are your expectations?" is fine.

More questions with direct answers: the FAQ.

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Updated: 26 September 2026. Figures reflect Directive (EU) 2023/970, unchanged — the Commission has ruled out any postponement, and its FAQ of 6 August 2026 confirms the reporting calendar. The transposition deadline of 7 June 2026 has passed: as of September 2026 only Italy, Slovakia, Lithuania, Malta and Greece have complete implementing laws, and most member states are still drafting. Where your country has no implementing law yet, the Directive is the reference; national rules may be stricter once adopted.

Egalis does not provide legal advice; for specific situations, consult an employment lawyer.