Analysis of Directive (EU) 2023/970 on Pay Transparency in Comparison with Turkish and German Law
Adopted on May 10, 2023, Directive (EU) 2023/970 aims to enforce equal pay for equal work or work of equal value between men and women through pay transparency and enforcement mechanisms. Member states must transpose this directive by June 7, 2026. It builds on longstanding EU principles of equal pa...
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| Format: | Article |
| Language: | English |
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Istanbul University Press
2025-05-01
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| Series: | İstanbul Hukuk Mecmuası |
| Subjects: | |
| Online Access: | https://cdn.istanbul.edu.tr/file/JTA6CLJ8T5/F44B16DAADA147039545DD3974C3AB5E |
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| Summary: | Adopted on May 10, 2023, Directive (EU) 2023/970 aims to enforce equal pay for equal work or work of equal value between men and women through pay transparency and enforcement mechanisms. Member states must transpose this directive by June 7, 2026. It builds on longstanding EU principles of equal pay, addressing implementation challenges by emphasising transparency to prevent gender-based discrimination. Employers must provide information on pay levels and criteria for pay progression. German law, under the Pay Transparency Act enacted in 2017, aligns with the principles set out in the Directive but requires updates for full compliance, while Turkish law lacks provisions equivalent to the Directive’s transparency measures. In contrast, German and Turkish law generally comply with the Directive’s legal regime regarding the shift of the burden of proof. According to the Directive, the burden of proof shifts to employers once prima facie evidence of discrimination is presented. However, failure to meet transparency obligations further shifts this burden without needing prima facie evidence. This solution is not applicable in Turkish law, since there is no transparency regulation requiring the employer to provide employees with pay information. Furthermore, the Directive mandates comprehensive compensation for discrimination, including non-material damages. Member States must implement effective, proportional penalties and may impose structural workplace changes or exclusion from public tenders for repeated violations. Given that Turkish labour law also emphasises equal treatment but lacks specific transparency measures, aligning with Directive (EU) 2023/970 would enhance transparency and employee empowerment in Turkey. |
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| ISSN: | 2667-6974 |