Equal Pay

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ID: 321400
2026
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Abstract
Abstract The gender pay gap across Europe persists despite nearly 70 years of EU law guaranteeing equal pay for women and men. A central focus of this chapter is to identify the problematic elements in the current legal framework that hinder effective implementation and enforcement of the equal pay principle, and to determine what reforms are needed. Particular attention is devoted to the new Pay Transparency Directive ((EU) 2023/970). The chapter first conceptualizes the gender pay gap, and situates EU equal pay regulation in its historical and societal context. It then examines the scope of the equal pay principle and the challenges arising from it, including the interpretation of the concepts of worker in relation to pay, pay as such (including pensions), equal work and work of equal value, the application of the comparator requirement, and the lack of pay transparency. Next, the chapter analyses the scope of the prohibition of direct and indirect pay discrimination, elucidating the justification test and problems of proof. It then analyses occupational social security as a matter of equal pay. Finally, the chapter assesses the potential of the new Directive to address the identified problems, including through its explicit inclusion of intersectional discrimination, and provides recommendations for further reform.
Reference Key
openalex_W7169620448 Use this key to autocite in the manuscript while using SciMatic Manuscript Manager or Thesis Manager
Authors Alexandra Timmer, Linda Senden, Susanne Burri
Journal Oxford University Press eBooks
Year 2026
DOI
10.1093/law/9780198845256.003.0005
URL
https://doi.org/10.1093/law/9780198845256.003.0005
Keywords Keywords not found

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