7 May 2026
Equal Opportunities – Discrimination
Equal Pay: New Rules on Pay Transparency and the Right to Information
From 7 June 2026, new provisions come into force aimed at strengthening equal pay between men and women through pay transparency obligations imposed on employers. The measure implements European legislation and introduces instruments designed to facilitate the identification of unjustified pay differentials.
Among the principal innovations is the obligation to indicate, already in recruitment notices, the starting salary or the relevant pay band for the position offered. In addition, candidates may not be asked to provide information about remuneration received in previous employment relationships.
Workers will have the right to know the criteria used to determine pay and, under certain conditions, to obtain information on the average pay levels of categories of staff performing the same work or work of equal value. Any clause preventing workers from disclosing their own remuneration is also prohibited.
Larger companies are subject to specific obligations to collect and report data on the gender pay gap. Where a pay differential of at least 5% emerges that cannot be justified by objective criteria, the employer will be required to carry out a joint assessment with workers” representatives and to adopt the measures necessary to eliminate the disparities.
7 May 2026
Equal Opportunities – Discrimination
Equal Pay: The Decree Clarifies When Two Jobs May Be Considered of Equal Value
With the entry into force of the new pay transparency rules, particular importance attaches to the definition of the concepts of “same work” and “work of equal value”, which form the basis for identifying any pay disparities between male and female workers. The decree introduces a series of definitions that are set to become central to the management of employment relationships, including the concepts of pay level, gender pay gap, median pay level, and category of workers, defined as all those performing the same work or work of equal value.
The rules on the criteria for comparison are of particular significance. “Same work” refers to activity carried out within roles that are identical or attributable to the same classification under the applicable collective agreement (CCNL, Contratto Collettivo Nazionale di Lavoro). “Work of equal value”, by contrast, encompasses situations where the tasks are different, provided they are comparable on the basis of objective, gender-neutral criteria.
The assessment must take into account the skills required, the responsibilities assigned, the working conditions, and any other element relevant to the position held. In this context, the classification and grading systems established by collective bargaining play a central role, as they constitute the primary reference point for establishing the equivalence of performance and ensuring the effectiveness of the equal pay principle.
7 May 2026
Equal Opportunities – Discrimination
Greater Transparency in Recruitment: Obligation to State Remuneration in Job Advertisements
Among the most significant innovations introduced by the pay transparency decree are the rules governing the personnel selection process. The objective is to promote greater fairness in hiring and to prevent pay disparities from arising at the outset of the employment relationship.
In particular, employers are required to provide candidates with information on the starting salary envisaged for the position offered or on the relevant pay band. Such information must be made available in job advertisements, notices, or selection announcements, on the basis of objective, gender-neutral criteria.
The decree also introduces an important prohibition: candidates may not be asked to provide information on remuneration received in previous or current employment relationships. Employers may not obtain such data even indirectly, through persons engaged in recruitment, selection, or hiring activities.
Particular attention is also paid to the conduct of selection procedures. Job advertisements and professional titles must be formulated using gender-neutral criteria, whilst the entire selection process must be organised in a manner that does not undermine the right to equal pay for the same work or work of equal value.
The new provisions mark a significant change in recruitment practices, requiring companies to adopt greater transparency from the very first contact with candidates and laying the groundwork for more effective prevention of pay discrimination.
7 May 2026
Equal Opportunities – Discrimination
Pay Under Scrutiny: New Information Rights for Workers
The pay transparency decree introduces new information obligations on employers with the aim of providing workers with tools to verify compliance with the equal pay principle. Companies will be required to make accessible the criteria used to determine pay and the pay levels applied to staff, as well as the criteria governing pay progression, where applicable.
A specific right to information is also conferred on workers. Upon request, including through trade union representatives or equality bodies, they will be entitled to obtain data on average pay levels, broken down by sex, for categories of staff performing the same work or work of equal value. The employer must provide a response within two months.
Of particular importance is the prohibition on restricting the circulation of information on individual remuneration. Clauses preventing workers from disclosing their pay are incompatible with the new provisions.
The legislature also addresses the accessibility of information. All data and communications required under the new rules must be made available in formats that are accessible to persons with disabilities, taking into account the specific needs associated with the type of disability concerned.
The new rules strengthen transparency in corporate pay mechanisms, on the basis that greater openness is an essential instrument for preventing and identifying instances of unequal treatment.
7 May 2026
Equal Opportunities – Discrimination
Pay Transparency: Differentiated Obligations and Progressive Deadlines for Companies
The pay transparency decree introduces a system of obligations graduated according to company size, with the aim of making the gender pay gap progressively monitorable. Certain obligations apply to all employers. These include the requirement to state the starting salary or relevant pay band in job advertisements, the prohibition on asking candidates about remuneration in previous employment, and the obligation to make accessible to workers the criteria used to determine pay.
The more substantial obligations concerning the collection and reporting of gender pay gap data apply exclusively to employers with at least 100 employees. Companies with at least 250 employees must carry out their first assessment by 7 June 2027 and thereafter on an annual basis. Companies with between 150 and 249 employees are also required to submit their first report by 7 June 2027, but with subsequent updates every three years. For employers with between 100 and 149 employees, the obligation will take effect from 7 June 2031, with triennial reporting.
Where the data collected reveals, within a category of workers, an average pay differential between men and women of at least 5% that is not justified by objective criteria and has not been corrected within six months, the employer will be required to initiate a joint pay assessment with workers” representatives, aimed at identifying and eliminating the disparities.
7 May 2026
Equal Opportunities – Discrimination
Gender Pay Gap: New Monitoring Obligations for Companies Enter into Force
Among the most significant innovations introduced by the pay transparency decree are the obligations to collect, report, and publish data on the gender pay gap within companies. The rules apply to employers with at least 100 employees and require the monitoring of a series of indicators designed to measure pay differentials between male and female workers.
Monitoring must cover not only the overall pay gap but also the gap relating to variable pay components, median values, the distribution of staff across pay quartiles, and individual categories of workers performing the same work or work of equal value.
The data collected will be transmitted to the monitoring body established at the Ministry of Labour, which will publish a portion of the information, enabling comparisons between companies, sectors, and territories. Companies with at least 250 employees must submit their first report by 7 June 2027 and thereafter on an annual basis.
7 May 2026
Equal Opportunities – Discrimination
Unjustified Pay Disparities: Internal Review, Enhanced Protections, and Legal Proceedings
The pay transparency decree does not confine itself to introducing information obligations, but provides specific instruments for identifying, correcting, and sanctioning unjustified pay differentials between male and female workers.
Of particular importance is the joint pay assessment procedure. Employers subject to the monitoring obligations will be required to initiate it together with workers” representatives where an average pay differential of at least 5% emerges within a category of workers, provided that the discrepancy is not justified by objective criteria and has not been eliminated within six months. The assessment is aimed at identifying the causes of the disparities, evaluating their basis, and defining the measures necessary to remove them and prevent their recurrence.
The decree also pays particular attention to the protection of confidentiality. Where the disclosure of data could allow individual workers to be identified, access to the information is restricted to workers” representatives, equality bodies, and the competent inspectorate.
The decree further strengthens judicial protection. Workers who consider that the equal pay principle has been violated may have recourse to the procedures already available in relation to gender discrimination. The relevant proceedings may also be brought by workers” representatives, trade unions, and associations pursuing the objective of protecting equality between men and women. Any form of unfavourable treatment against those exercising the rights conferred by the new rules is expressly prohibited.
