Skip to content
Directive (EU) 2023/970

Joint pay assessment under the EU Pay Transparency Directive

When pay reporting shows a gap of at least 5% in a category of workers that the employer has neither justified nor remedied within six months, the employer must carry out a joint pay assessment with workers' representatives.

Last checked 23 October 2026

What the directive says

Article 10 of Directive (EU) 2023/970 applies to employers that report pay gaps under Article 9. A joint pay assessment is required only when all three conditions are met:

  • the pay reporting shows a difference in average pay between women and men of at least 5% in any category of workers,
  • the employer has not justified that difference with objective, gender-neutral criteria, and
  • the employer has not remedied the unjustified difference within six months of submitting the report.

The joint pay assessment shall be carried out in order to identify, remedy and prevent differences in pay between female and male workers which are not justified on the basis of objective, gender-neutral criteria […]

Directive (EU) 2023/970, Article 10(2)

Read the full article in the official text on EUR-Lex. National laws set the procedure, so check your country’s rules before you plan one.

What it means in practice

The 5% applies per category

The test is the difference in average pay level between women and men within one category of workers doing the same work or work of equal value. The organisation-wide gap does not trigger it on its own.

Justify or remedy first

A gap of 5% or more does not lead to an assessment if the employer justifies it with objective, gender-neutral criteria, or remedies it within six months of reporting. Statistically explained is not the same as justified.

What the assessment contains

The directive lists its content: the proportion of women and men in each category, their average pay and variable components, the differences, the reasons for them as established jointly with workers’ representatives, the proportion of workers whose pay improved after returning from leave, measures to address unjustified differences, and an evaluation of earlier measures.

Who sees it

The employer makes the assessment available to workers and their representatives and sends it to the national monitoring body. The labour inspectorate and equality body can see it on request.

After the assessment

The employer remedies unjustified differences within a reasonable time in close cooperation with workers’ representatives. This includes analysing or setting up gender-neutral job evaluation and classification systems.

Country by country

The threshold, the procedure and any penalty for not carrying out the assessment depend on national law. The table comes from our tracker and changes when a country’s law moves.

Country Joint pay assessment trigger Reporting threshold Status
Austria 5.0% 100 Partly in force
Belgium 5.0% 100 Partly in force
Bulgaria 5.0% 100 Published draft
Croatia No national rule identified No national rule identified In preparation
Cyprus 5.0% 100 Published draft
Czechia 5.0% 100 Partly in force
Denmark 5.0% 100 Published draft
Estonia No national JPA trigger identified No national reporting threshold identified Partly in force
Finland 5.0% 100 Published draft
France – 50 Published draft
Germany – More than 500 under existing EntgTranspG In preparation
Greece 5.0% 100 Adopted
Hungary – – In preparation
Ireland No national JPA trigger identified 50 Published draft
Italy 5.0% 100 In force
Latvia 5.0% 100 Published draft
Lithuania 5.0% 100 In force
Luxembourg – – In preparation
Malta 5.0% 100 In force
Netherlands 5.0% 100 Published draft
Poland 5.0% 100 Partly in force
Portugal 5.0% 50 Published draft
Romania 5.0% 100 Published draft
Slovakia 5.0% 100 In force
Slovenia – – In preparation
Spain No fixed percentage threshold identified in published draft 50 Published draft
Sweden No percentage JPA trigger identified under current law No Directive-specific reporting threshold identified; annual pay mapping applies under existing law Paused

How to prepare

  • Run the category gaps before you report, so you see which categories are at or above 5%.
  • Document justifications with objective, gender-neutral reasons for each gap you can justify.
  • Plan corrections early for gaps you cannot justify, so they can be remedied within six months of reporting.
  • Agree the process with workers’ representatives in advance, since the assessment is joint.
  • Review your job evaluation: the remedy includes checking that categories rest on gender-neutral criteria.

Questions employers ask

No. The test is per category of workers doing the same work or work of equal value.

Evenpay shows which categories pass the 5% line and keeps the justification for each gap with the figures, so you can see early where an assessment could follow. See how pay gap justifications work.