S.L. 452.172 чл. 15Shift of burden of proof.

(1) In all proceedings, other than criminal proceedings, and in any mediation or conciliation procedures concerning alleged direct or indirect discrimination resulting from a breach of the principle of equal pay for equal work or work of equal value, and where the plaintiff establishes facts from which it may be presumed that there has been direct or indirect discrimination, the employer shall be obliged to prove that there has been no direct or indirect discrimination in relation to pay.

(2) In pursuing a claim or any action in accordance with sub-regulation (1), any plaintiff, as the case may be, shall notwithstanding the principles established in this regulation, bring initial proof of any breach of the principle of equal pay for equal work or work of equal value by reference to tangible and established facts.

(3) In proceedings relating to alleged direct or indirect discrimination in pay, where the employer has not implemented the pay transparency obligations as provided for in regulations 4, 5, 6, 9 and 10, the employer shall be obliged to prove that there has been no such discrimination:

Provided that sub-regulation (3) shall not apply when the employer proves that the breach of the obligations established in regulations 4, 5, 6, 9 and 10 was manifestly unintentional and of a minor character.