Legal comparison
Pay transparency in Austria and Germany compared
Austria and Germany start from different positions on the EU Pay Transparency Directive: Austria works with the Equal Treatment Act (GlBG) and the income report from 150 workers, Germany with the Pay Transparency Act (EntgTranspG) and its information claim from 200 workers. Both countries must adapt their law to the Directive – neither had completed this when the deadline expired on 7 June 2026 (as of July 2026).
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 more than 200 employees can request the median pay of a comparison activity; companies with more than 500 employees are subject to audit and reporting duties. 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 from 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, from 150, internal) and EntgTranspG reports (DE, from 500).
- Pay ranges in recruiting and a salary history ban – new in both countries.
- The 5% trigger with joint pay assessment, reversed burden of proof and penalties – new in both countries.
Transposition status (July 2026)
Austria: no implementation act has been promulgated; amendments to the Equal Treatment Act and the Labour Constitution Act are expected. Germany: transposition is expected through a reform of the EntgTranspG; here too, no act had been promulgated when the deadline expired. 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 150 workers, Germany grants an information claim from 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.