Gender Pay Gap: The Protection of the Right to Equal Pay under the Pay Transparency Directive

Abstract

The purpose of this article is to comprehend how and to which extent the EU Pay Transparency Directive ensures the protection of the right to equal pay for men and women and how effective it is in addressing the Gender Pay Gap. Firstly, the analysis focuses on the main provisions of the EU Treaties, to identify the legal framework at primary level establishing the right concerned, bearing in mind the case-law of the Court of Justice of the European Union and its guiding interpretation of the meanings arising from the principle of equal pay. Secondly, the article provides an analysis of the novelties introduced by the Pay Transparency Directive, to reduce the root causes of the Gender Pay Gap through transparency and enforcement mechanisms aimed at strengthening the exercise of employees’ right to bring action before national authorities against pay discrimination. Concurrently, the article incorporates a comparison between the different standards of protection established within EU Law and those in the European Social Charter. The results reveal how market-related concerns and considerations prevail in EU social policy, concealing the risk of decreasing the effective implementation of the principle of equal pay.