The community principle of gender equal pay following the adoption of Directive (EU) 2023/970. The evolution of the notion of remuneration

Abstract

The Community principle of gender equal pay is a tool for the eradication of the gender pay gap in the European Union with an extensive legal background. In this way, and despite multiple attempts to tackle this issue, the gender pay gap persists, among other aspects, due to existing deficiencies in the European legal framework. As a result, the Directive (EU) 2023/970 has recently been approved with the aim of contributing to the elimination of direct and indirect gender-based discrimination in all the factors of remuneration by clarifying certain concepts (“work of equal value”) and establishing pay transparency procedures and mechanisms for their achievement. This is the first regulation that exclusively deals the gender pay gap within the EU and seeks to address the absolute necessity to ensure equality of treatment also in the field of remuneration.

The purpose of this study is to provide an analysis of the principle of gender equal pay and, in particular, of the notion of remuneration following the adoption of the above-mentioned Directive (EU) 2023/970 from a strictly legal perspective. Firstly, the principle of equal pay and its regulatory development at all levels (International, European and National legal frameworks) will be explained. Secondly, and focusing on the notion of remuneration, it will be necessary to complete the study with the pronouncements of the CJEU that clarify which aspects constitute remuneration, as well as including the new features approved by Directive (EU) 2023/970. In this context, the questions that arise and the conclusions that can be drawn from this analysis will be raised.