Transposition status
Checked on 15 September 2026- AustriaDraft under coordination
On 6 June 2026, the labour ministry submitted a draft bill for coordination within the government; a government bill has not yet been tabled. According to media reports, it provides for income reports from 100 workers and administrative fines of up to EUR 60,000 for repeated breaches.
Sources: ORF, 7 June 2026 · ORF, 6 August 2026
- GermanyDraft bill pending
According to the federal government, preparatory work was completed in July 2026, but no draft bill has been published yet. Media reports point to a law in 2027. Until then, the 2017 Pay Transparency Act applies.
Sources: Bundestag, 16 July 2026 · Bundestag, 9 September 2026 · taz, 1 June 2026 · EntgTranspG
Starting position in Austria
The Austrian Equal Treatment Act has two central instruments: the anonymised income report every two years for employers with more than 150 workers (Section 11a), accessible only internally to worker representatives, and the duty to state the collective agreement minimum pay and any willingness to overpay in job postings (Section 9(2)). An individual right to comparative pay information does not yet exist.
Starting position in Germany
Germany has had the Pay Transparency Act since 2017: workers in establishments with normally more than 200 employees can request the median pay of a comparison activity (Section 12). Private employers with normally more than 500 employees are called upon to review their pay structures in an in-house audit procedure (Section 17) – this is not mandatory. Only employers of that size that must also prepare a management report under the German Commercial Code have to prepare a report on equality and equal pay (Section 21). In practice, its impact remained limited – due to the high threshold, the restriction to the median and the lack of sanctions for non-response.
What the Directive changes in both countries
The Directive lifts both legal systems to a common, stricter level:
- An information right without threshold and with a two-month deadline – new for Austria, considerably extended for Germany (previously only in establishments with more than 200 workers).
- Average pay by gender instead of only the median, plus a right to the pay criteria.
- External reporting from 100 workers – replacing or extending the income report (AT, more than 150 workers, internal) and the report under Section 21 EntgTranspG (DE, more than 500 workers and required to prepare a management report).
- Pay ranges in recruiting and a salary history ban – new in both countries.
- The 5% trigger with joint pay assessment – new in both countries; plus stricter rules on burden of proof, compensation and penalties.
Transposition status
Austria: a draft by the labour ministry has been under government coordination since 6 June 2026; according to ORF, a standalone law is planned. Germany: according to the federal government, preparatory work is complete, but no draft bill has been published; until then the 2017 EntgTranspG applies. The “Transposition status” box shows the current state with sources. Companies with entities in both countries should plan towards the EU baseline and treat national deviations as configuration – not as separate projects.
Consequence for groups with entities in both countries
Groups with legal entities in Austria and Germany need one common methodology – job evaluation, categories, metrics – with country-specific rules per entity: thresholds, reporting cycles, authority channels and worker-representation roles differ. A platform with a rule engine per legal entity prevents two parallel compliance worlds from emerging.
Frequently asked questions
Does the German Pay Transparency Act also apply in Austria?
No. The EntgTranspG is German law. Austria applies the Equal Treatment Act and the Labour Constitution Act; the EU Directive sets the common minimum standard for both countries.
Which country has the stricter rules today?
The instruments differ: Austria requires income reports from employers with more than 150 workers, Germany grants an information claim in establishments with more than 200 workers. Both fall short of the Directive, which both countries must transpose.
Can groups cover Austria and Germany with one process?
Yes, if methodology and data model are shared and country-specific duties are configured per legal entity. The Directive harmonises the core duties; national details remain different.
Sources
Not legal advice. The content is based on Directive (EU) 2023/970 as of the update date shown; specific obligations follow from national transposition.