Joint pay assessment (article 10)

When the pay report shows a gap of at least 5 % in a category of workers that is neither justified nor corrected, the employer must carry out a joint pay assessment with workers' representatives.

Three conditions, all together

A gap of at least 5 % in average pay in any category, no justification based on objective, gender-neutral criteria, and no correction within six months of submitting the report.

Art. 10(1) Directive (EU) 2023/970

Member States shall take appropriate measures to ensure that employers who are subject to pay reporting pursuant to Article 9 conduct, in cooperation with their workers’ representatives, a joint pay assessment where all the following conditions are met: (a) the pay reporting demonstrates a difference in the average pay level between female and male workers of at least 5 % in any category of workers; (b) the employer has not justified such a difference in the average pay level on the basis of objective, gender-neutral criteria; (c) the employer has not remedied such an unjustified difference in the average pay level within six months of the date of submission of the pay reporting.

Source: EUR-Lex, © European Union, https://eur-lex.europa.eu

At least 5 %, measured how?

The directive doesn't say whether the gap is measured on annual or hourly pay, or whether a gap in favour of women counts. Art. 24(2) uses “more than 5 %” for public procurement. Our tools check both bases and both directions and say “likely”.

Art. 24(2) Directive (EU) 2023/970

Where Member States’ authorities act in accordance with Article 38(7), point (a), of Directive 2014/23/EU, Article 57(4), point (a), of Directive 2014/24/EU, or Article 80(1) of Directive 2014/25/EU in conjunction with Article 57(4), point (a), of Directive 2014/24/EU, contracting authorities may exclude or may be required by Member States to exclude any economic operator from participation in a public procurement procedure where they can demonstrate by any appropriate means an infringement of the obligations referred to in paragraph 1 of this Article, related either to a failure to comply with pay transparency obligations or a pay gap of more than 5 % in any category of workers which is not justified by the employer on the basis of objective, gender-neutral criteria.

Source: EUR-Lex, © European Union, https://eur-lex.europa.eu

Six months to justify or correct

The clock starts on the date the report is submitted. Justifications must rest on objective, gender-neutral criteria.

What the assessment contains

Seven elements, from the share of women and men in each category to an evaluation of earlier measures.

Art. 10(2)(a) Directive (EU) 2023/970

an analysis of the proportion of female and male workers in each category of workers;

Source: EUR-Lex, © European Union, https://eur-lex.europa.eu

Art. 10(2)(b) Directive (EU) 2023/970

information on average female and male workers’ pay levels and complementary or variable components for each category of workers;

Source: EUR-Lex, © European Union, https://eur-lex.europa.eu

Art. 10(2)(c) Directive (EU) 2023/970

any differences in average pay levels between female and male workers in each category of workers;

Source: EUR-Lex, © European Union, https://eur-lex.europa.eu

Art. 10(2)(d) Directive (EU) 2023/970

the reasons for such differences in average pay levels, on the basis of objective, gender-neutral criteria, if any, as established jointly by the workers’ representatives and the employer;

Source: EUR-Lex, © European Union, https://eur-lex.europa.eu

Art. 10(2)(e) Directive (EU) 2023/970

the proportion of female and male workers who benefited from any improvement in pay following their return from maternity or paternity leave, parental leave or carers’ leave, if such improvement occurred in the relevant category of workers during the period in which the leave was taken;

Art. 10(2)(f) Directive (EU) 2023/970

measures to address differences in pay if they are not justified on the basis of objective, gender-neutral criteria;

Art. 10(2)(g) Directive (EU) 2023/970

an evaluation of the effectiveness of measures from previous joint pay assessments.

Italy

D.Lgs. 96/2026 sets the same three conditions for employers subject to pay reporting.

Art. 10, comma 1, D.Lgs. 96/2026

I datori di lavoro, soggetti all'obbligo di comunicazione di informazioni sulle retribuzioni a norma dell'articolo 9, effettuano, con i rappresentanti dei lavoratori, una valutazione congiunta delle retribuzioni nel caso in cui si verificano tutte le seguenti condizioni: a) le informazioni sulle retribuzioni rivelano una differenza del livello retributivo medio tra lavoratori di sesso femminile e lavoratori di sesso maschile pari ad almeno il 5 per cento in una qualsiasi categoria di lavoratori; b) il datore di lavoro non ha motivato tale differenza di livello retributivo medio sulla base di criteri oggettivi e neutri sotto il profilo del genere; c) il datore di lavoro non ha corretto tale differenza immotivata di livello retributivo medio entro sei mesi dalla data della comunicazione delle informazioni sulle retribuzioni.

Original text in Italian.

Source: Gazzetta Ufficiale della Repubblica Italiana, GU Serie Generale n. 125 del 1 giugno 2026 (codice redazionale 26G00112)

General information, not legal advice. National rules can differ.