Transparency of remuneration and the principle of equal pay for men and women. Challenges for Spanish law in the transposition of Directive (EU) 2023/970 of 10 May 2023

Abstract

The Directive (EU) 2023/970 and its transposition into Spanish law is the subject of explanation. The main focus is on equal pay for men and women for equal work or work of equal value, and more specifically on pay transparency as a necessary mechanism for achieving equal pay. The Directive is a further development of the European Pillar of Social Rights and joins other legislation that also has an impact on the principle of equality. The extensive changes introduced in the Proposal for a Directive during the processing and negotiation with the European Parliament, such as the application of the Directive to job seekers, the concept
of work of equal value, in accordance with non-discriminatory, objective and gender-neutral criteria, and the express recognition of intersectional discrimination, are noteworthy. It is concluded that Spanish legislation complies in general terms with Community legislation, and even improves it with regard to the right to information for workers and staff representation, and that it only requires some modifications such as, for example, respect for the time periods established for the prescription of actions derived from the employment contract relationship, leaving the hypothesis of interpretation of various precepts of our domestic legislation that can be adapted to Community legislation.