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.
