Categories: Insights, Legislation

Tag: Parità di genere


28 Jun 2023

Directive 2023/970 of the European Parliament and of the Council

Last May, Directive 2023/970 of the European Parliament and of the Council was published in the Official Journal of the European Union.

The Directive entered into force on 6 June 2023 and Member States will have to implement the provisions contained therein by 7 June 2026, failing which the infringement procedure may be started against them.

Each Member State (including Italy) is required to adopt all the legislative measures necessary to guarantee pay transparency including in the private sector.

In particular, national legislation shall introduce legal obligations requiring employers to provide adequate information on wages and salary levels both to applicants for a job position and to existing workers.

In this regard, the Directive establishes that applicants for a job position must be guaranteed the right to receive all information on pay levels relating to a specific job, while all workers shall be able to access information on individual and the average pay levels broken down by sex, by personnel categories or by categories of workers performing the same work as them. The employer shall also be prevented from asking candidates for information on pay received in current or previous employment relationships.

To guarantee the functioning of the transparency mechanisms introduced, there shall also be an obligation for employers to inform all workers on an annual basis of their right to receive the information in question. In addition employers employing more than 100 employees shall mandatorily provide this information also to the designated authority.

This information should also be provided to  workers’ representatives, labour inspectorates and equality bodies, who will also have the right to ask for further details of any data provided, including explanations of any gender pay differences.

National legislative instruments – to be adopted in compliance with the Directive – shall guarantee all workers access to information on individual and average wage levels broken down by gender, placing a burden on the employer to adopt appropriate and functional mechanisms for this purpose.

Employers will also have to prepare a description of the gender-neutral criteria for determining pay and career progression and will have to provide workers who request it with all the information on the pay level.

Member States will have to ensure that employers provide information relating to their organisation, in particular on the gender pay gap (in its complementary or variable components) both in the allocation and in the quantification, describing the number of female workers and male workers in each quartile pay band.

Employers with at least 250 workers shall, by 7 June 2027 and every year thereafter, provide the aforementioned data with reference to the previous calendar year. The same obligations apply to employers who have between 150 and 249 workers, who shall, by 7 June 2027 and every three years thereafter, provide the information, while employers who have between 100 and 149 workers have until 7 June 2031 to provide the information and it is to be provided every three years thereafter.

Other related insights:

Gender equality: the European map of new rules for companies (We Wealth, 9 December 2022 – Stefania Raviele)

Transparency Decree: new obligations for the employer

Subscribe to our newsletter

Contact

Need information? Write to us and our team of experts will respond as soon as possible.

Fill in the form

More news and insights

8 Apr 2026

Management of corporate email after termination of employment: the limits according to the Italian Data Protection Authority

The Italian Data Protection Authority (i.e. “Garante per la protezione dei dati personali”) has once again provided guidance on how employers should manage corporate email accounts after the…

8 Apr 2026

Oral dismissal: the burden of proof on the employee

With order no. 4077 of 23 February 2026, the Italian Supreme Court addressed the issue of oral dismissal, holding that an employee challenging the termination of the employment…

8 Apr 2026

DID YOU KNOW THAT… incompatibility between colleagues may justify the transfer of an employee? 

The Italian Supreme Court, with order no. 4198 of 25 February 2026, held that an employee’s transfer may be lawfully implemented also in the presence of a situation…

7 Apr 2026

The boundary between rest and inactivity in the management of working hours (AIDP – HR Online, 7 aprile 2026 – Vittorio De Luca, Alesia Hima)

In the organizational language of companies, terms such as “breaks,” “waiting times,” or “downtime” are often used. In operational practice, these expressions tend to be treated almost as…

17 Mar 2026

Equal pay: green light for the decree on pay equality and wage transparency (People are People, 16 marzo 2026 – Claudia Cerbone, Martina De Angeli)

Claudia Cerbone and Martina De Angeli, professionals at the De Luca & Partners firm, author this article dedicated to the draft legislative decree approved last February 5 by…

16 Mar 2026

Illegitimacy of staff leasing due to violation of the principle of temporariness (Top 24 Lavoro, 27 febbraio 2026 – Vittorio De Luca, Alessandra Zilla)

With judgment no. 4493 of December 19, 2025, the Court of Milan addressed the issue of indefinite-term labor supply (so-called staff leasing). In particular, the Court clarified that,…