S.L. 452.172 Art. 10Joint pay assessment.

(1) Employers who are subject to the Pay Gap Report in accordance with regulation 9 shall conduct, in consultation with their employees’ representatives, a joint pay assessment where all the following conditions are met:

(a) the Pay Gap Report demonstrates a difference in the average pay level between female and male workers of at least five per cent (5%) in any category of workers;

(b) the employer has not satisfactorily justified such a difference in the average pay level on the basis of objective and gender-neutral criteria; and

(c) the employer has not remedied such an unjustified difference in the average pay level within six (6) months from the date of submission of the pay reporting.

(2) 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 and gender-neutral criteria. The joint pay assessment shall include the following:

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

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

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

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

(e) the proportion of female and male workers who benefitted 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;

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

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

(3) Employers shall make the joint pay assessment available to workers and employees’ representatives. Within ten (10) working days of completing the joint pay assessment, employers shall communicate it to the Monitoring Body. Following such communication, the employer shall make the joint pay assessment immediately available to the Equality Body upon request.

(4) When implementing the measures arising from the joint pay assessment, the employer shall remedy the unjustified differences in pay within such time as determined with the employees’ representative. The implementation of the measures shall include an analysis of the existing gender-neutral job evaluation and classification systems or the establishment of such systems, to ensure that any direct or indirect pay discrimination on the grounds of sex is excluded.

(5) In case of disagreement as to the conduct of the joint pay assessment or otherwise the implementation of measures following such assessment, an employer or the employees’ representative or the chosen union may request the Monitoring Body to attend a conciliation meeting between the employer and the employees’ representative and failing final agreement following such conciliation meeting, the matter shall be referred to the Tribunal for determination within the time frames prescribed in Article 30(1) of the Act.

(6) Any party to a decision delivered by the Tribunal who feels aggrieved by a decision of the said Tribunal in accordance with this regulation may appeal to the Court of Appeal as provided in the Act.

(7) Any processing or publication of information in accordance with regulations 9 and 10 shall comply with applicable data protection legislation, in accordance with Regulation (EU) 2016/ 679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation).

Part IV Monitoring and Coordination