Question and answer

What triggers a joint pay assessment?

By , founder of Egalis ·

In short

Three conditions together (Art. 10), for employers that report under Art. 9 (100+ employees): a mean gender pay gap of at least 5% in any category of workers, which the employer has not justified by objective, gender-neutral criteria, and has not remedied within 6 months of the reporting date. All three must hold — a justified or promptly remedied difference does not trigger it.

In detail

The joint pay assessment is carried out together with workers' representatives and is a documented review with seven elements fixed by Art. 10(2): among them pay levels per category, the proportion of women and men, the reasons for the differences, pay improvements after return from maternity, paternity, parental or carers' leave, and the measures that will close the unjustified ones.

The 5% threshold is judged per category of work of equal value — not on the company-wide average. A small overall gap can hide categories far above 5%.

The practical defence is boring and effective: objective pay criteria, documented job evaluation, and a monthly watch on every category so nothing reaches the report unjustified.

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.