DLP Insights

DID YOU KNOW THAT… The Senate gave the green light to the Equal Pay Bill?

03 Nov 2021

On October 26, 2021, the Senate gave the green light to the Bill for equal opportunities for men and women at workplace.

The Bill, making amendments to the Equal Opportunities Code, introduced for companies staffed with more than 50 employees the obligation to draw up a biennial report on the employment situation of men and women and on gender pay differences. The report must be drawn up electronically, by filling in the appropriate form available on the institutional website of the Ministry of Labour and transmitted to the internal work councils. For companies staffed with up to 50 employees this is on a voluntary basis. As from the January 1, 2022 the “certification of gender equality” will be in force and will be aimed at certifying the policies and concrete measures adopted by the employers to reduce the gender gap in relation to growth opportunities in the company, equal pay for equal work, gender policies and maternity protection. For the year 2022, the companies with the aforementioned gender equality certification are exempted from the payment of the employer’s total social security contributions, within the national cost limit equal to 50 million. The rate of calculation of pension benefits shall remain unaffected. The rate of calculation of pension benefits shall remain unaffected. The exemption is granted up to a maximum of 1% of the social contributions due and, in any case, cannot exceed 50,000 euro per year for each company, divided and applied on a monthly basis, on the basis of the rules that will be established by a decree of the Minister of Labour and Social Policy, in agreement with the Minister for Economic Affairs and Finance and the Minister for Equal Opportunities, to be adopted by 31 January 2022. Last but not least, the concept of “discrimination” is redefined, taking into account any treatment or change in the organization of working conditions and working time that – by reason of sex, age, personal or family care needs, the state of pregnancy and of maternity or paternity, including adoption, or by reason of the ownership and exercise of the rights attaching thereto – places or may put the worker under at least one of the following conditions: a) a disadvantageous position vis-à-vis other workers; b) a restriction of opportunities for participation in life or in company choices; c) a restriction of access to career progression and advancement mechanisms.

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