Equal pay: when two jobs are considered of equal value

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.