Having regard to the Treaty on the Functioning of the European Union, and in particular Article 157(3) thereof,
Articles 2 and 3(3) of the Treaty on European Union enshrine the right to equality between women and men as one of the essential values and tasks of the Union;
Articles 8 and 10 of the Treaty on the Functioning of the European Union (‘TFEU’) provide that the Union shall aim to eliminate inequalities, to promote equality between men and women and to combat discrimination based on sex in all its activities;
Article 157(1) of the TFEU obliges each Member State to ensure that the principle of equal pay for male and female workers for equal work or work of equal value is applied;
Article 23 of the Charter of Fundamental Rights of the European Union provides that equality between women and men must be ensured in all areas, including employment, work and pay;
The European Pillar of Social Rights, jointly proclaimed by the European Parliament, the Council, and the Commission, incorporates among its principles equality of treatment and opportunities between women and men, and the right to equal pay for work of equal value;
Gender Equality Strategy 2020-2025 by the European Commission;
The right of men and women to equal pay for work of equal value is recognised also by the fundamental International Labour Organisation Equal Remuneration Convention of 1951 (No 100), and Article 4(3) of the Council of Europe (Revised) European Social Charter.
PROPOSES THE DEVELOP OF THIS DIRECTIVE
The purpose of this Directive is to strengthen the implementation of the principle of equal pay for female and male workers for equal work or work of equal value.
To that end, this Directive contains provisions relating to:
Member States shall ensure that it is possible for a woman to compare her treatment to the treatment that a man would have received had they been engaged in the same work or work to which equal value is attributed, subject to the assumption that no material difference in circumstances would have existed between such a person and the woman seeking to make such a comparison.
Gender-free job evaluation
Right to request information
Member States shall take the necessary measures to ensure that workers and their trade unions can request from the employer clear and complete information on pay levels, broken down by gender, for categories of workers doing the same work or work of equal value.