Open this publication in new window or tab >>2024 (English)In: Revue de Droit du Travail, ISSN 1951-0152, Vol. 2, p. 134-147Article in journal (Refereed) Published
Abstract [en]
The 2023 EU Pay Transparency Directive is ground-breaking in two significant aspects: first, in using pay transparency at the EU and Member State levels as a tool to tackle gender-based discrimination and gender biases in pay settings, both on individual as well as structural levels; and second – and the major focus of this article – by placing greater emphasis on procedure to ensure victims’ access to justice through the enforcement of pay claims. The latter is to be achieved through an institutional structure involving the private individuals affected, civil society in the form of labour unions and worker representatives, and the public through equality bodies and labour inspectorates.
This strengthening of access to justice, and the invocation of both collective and individual claims through private and public enforcement presents different challenges to the EU Member States depending upon the national industrial relations constellation in place, as well as the roles exercised by government agencies, equality bodies and labour inspectorates, and non-governmental organisations, such as labour unions and civil society in general. In labour markets where, to a large extent, the social partners set wages, such as in the Nordic countries, empowering individuals through access to justice changes the power dynamics of wage-setting. In jurisdictions such as the United Kingdom, where private enforcement has historically been essential, the labour unions have acted as facilitators, for example by funding collective actions concerning pay, as seen with the recent Asda case. The avenues of enforcement as well as remedies also vary greatly between the Member States.
This article first addresses the directive’s pay transparency requirements more briefly. The thrust of the discussion here is on the directive’s second half, the strengthened access to justice mechanisms as well as the quartet approach of the individual, worker representatives, equality bodies and labour inspectorates.
Keywords
wage transparency, gender pay gap, access to justice
National Category
Law (excluding Law and Society)
Research subject
Legal Science
Identifiers
urn:nbn:se:su:diva-227865 (URN)
2024-03-302024-03-302024-12-16Bibliographically approved