Joint pay assessment
Last reviewed 2026-10-16
Article 10: when a reported category gap of at least 5% is not justified and not fixed within six months, the employer assesses pay with worker representatives.
Article 10
Three conditions, all of them
Article 10 requires a joint pay assessment when pay reporting shows a difference in the average pay level between female and male workers of at least 5% in any category of workers, the employer has not justified that difference on objective gender-neutral criteria, and the employer has not remedied the unjustified difference within six months of the date of submission of the pay reporting.
Who takes part
The assessment is carried out in cooperation with the workers’ representatives. The Directive describes the assessment as covering the differences, the reasons for them, and the measures to address them. It is not a fine schedule. Penalty rules are for Member States under the remedies guide.
The 5% figure is not a filing
The in-browser calculator illustrates a mean gap, a median gap, quartiles, and whether a gap is at least 5%. It does not submit an Article 9 report and it does not decide that a joint pay assessment is due. Justification and the six-month remedy window are facts an employer records, not numbers the calculator can see.
Related
Source
Directive (EU) 2023/970 on pay transparency (adopted 2023-05-10)
Update log
- 2026-10-16 — First published from Article 10 of Directive (EU) 2023/970.
Informational only. This is not legal advice and not a statement of national law. Statutory claims cite Directive (EU) 2023/970 and carry a last-reviewed date. A Member State duty exists only when that State’s law says so. See the country pages for a dated status snapshot.