The effect of the Pay Transparency Directive on the protection of the right to equal treatment
Černič, J.L., Andolšek, J.
JL Černič, J Andolšek - Dignitas, 2025 - revije.nova-uni.si
Summary
The research paper, "The effect of the Pay Transparency Directive on the protection of the right to equal treatment" by Černič and Andolšek, offers a comprehensive legal and empirical analysis of the EU Pay Transparency Directive (EU) 2023/970, specifically examining its implementation within the Slovenian context. Published in "DIGNITAS - Slovenska revija za človekove pravice" in 2025, the study delves into the Directive's role in mitigating gender pay gaps and promoting equal treatment in employment. The methodology employed in the paper combines an in-depth legal analysis of the Directive's provisions with an empirical component. This empirical aspect is based on qualitative interviews conducted with Slovenian employees. The interviews aimed to explore the workers' perceptions of the newly introduced transparency measures and the legal protections available against discrimination. This dual approach allows for an examination of both the theoretical legal framework and its practical reception and challenges on the ground. The study's findings indicate that the Pay Transparency Directive, by introducing specific obligations for employers to disclose information about pay structures and determination criteria, generally strengthens perceptions of fairness among employees. However, the research also uncovers several practical concerns that could impede effective implementation. These concerns include issues related to employee privacy, potential procedural delays in addressing pay disparities, and prevailing cultural attitudes within Slovenia regarding the disclosure of pay information. The paper concludes by offering policy and legal recommendations aimed at facilitating the Directive's effective implementation, such as promoting awareness, developing alternative legal remedies, and aligning national legal practices with the jurisprudence of the Court of Justice of the European Union (CJEU).
Key Findings
- - The EU Pay Transparency Directive significantly contributes to reducing gender pay gaps and promoting equal treatment in employment.
- Pay transparency measures generally enhance perceptions of fairness among employees.
- Practical implementation faces challenges related to employee privacy concerns.
- Procedural delays in addressing pay disparities are a significant concern.
- Cultural attitudes toward pay disclosure can impact the effectiveness of transparency initiatives.