Transparency and Non-Discrimination in the Europe of the Future: Pay Transparency under Directive (EU) 2023/970

The international advanced training seminar “MedLabor Summit – Transparency and Non-Discrimination in the Europe of the Future” was organised by AGI, in collaboration with ASNALA (the Spanish Association of Labour Lawyers) and EDEKA (the Greek Association of Labour Lawyers).Kremalis Law Firm participated in the event held in Madrid under the title “Transparency and Non-Discrimination in the Europe of the Future”, which focused on the evolving principle of equal pay in the context of pay transparency under Directive (EU) 2023/970.

A key question addressed during the discussion was whether pay transparency merely discloses existing remuneration structures or whether it is gradually reshaping the way remuneration decisions are made in practice. The prevailing view suggests that the latter is increasingly the case.

This development reframes the central issue for employers. The focus is no longer solely on identifying pay disparities, but on assessing whether such differences can be objectively justified between employees performing the same work or work of equal value. Importantly, this assessment extends beyond identical roles and encompasses different positions, provided that they are comparable in value on the basis of objective and gender-neutral criteria.

Directive (EU) 2023/970 is expected to play a significant role in further formalising the assessment of “work of equal value” in practice, particularly in jurisdictions where the concept remains relatively underdeveloped at national level. It is therefore likely to serve as a catalyst for a more structured and criteria-based approach to job evaluation and remuneration policies across the EU.