S.L. 452.172 Art. 3Equalpayforequal work or work of equal value.

(1) All employers shall ensure that they have pay structures that ensure equal pay for equal work or work of equal value:

Provided that nothing shall preclude an employer and a worker or a union of workers as a result of negotiations for a collective agreement, to agree amongst others on different salary scales, brackets or steps, annual increments and other conditions of employment that are different for those workers who are employed at different times, where such salary scales have a maximum that is achieved within a specified period of time:

Provided further and without prejudice to these regulations, that any distinction between categories of employment based on discriminatory treatment as defined in these regulations or in the Act, otherwise than in accordance with the provisions of the Act or any other law shall be null and of no effect.

(2) Employers are not precluded from paying workers performing the same work or work of equal value differently or from setting pay progressions, on the basis of objective, gender-neutral and bias-free criteria including but not limited to performance and competence.

(3) Pay structures shall be such as to enable the assessment of whether workers are in a comparable situation with regard to the value of work on the basis of objective, gender-neutral criteria agreed with employees’ representatives where such representatives exist:

Provided that such criteria shall not be based directly or indirectly on workers’ sex and shall include skills, effort, responsibility and working conditions and, if appropriate, any other factors which are relevant to the specific job or position:

Provided further that such criteria shall be applied in an objective gender-neutral manner, excluding any direct or indirect discrimination based on sex, and taking into account any soft skills.

Part II Pay Transparency