What work of equal value means
Work of equal value is work that has the same value according to non-discriminatory, objective and gender-neutral criteria (Article 3(1)(g)). Different jobs can therefore be of equal value – for example when one involves more responsibility and another greater effort.
The comparison is not limited to the same job title or department. Under Article 19, the comparator does not even have to be employed at the same time; where no real comparator exists, other evidence such as statistics or a hypothetical comparison is admissible.
The criteria in Article 4
Pay structures must allow the value of work to be assessed on the basis of objective, gender-neutral criteria. Where worker representatives exist, the criteria must be agreed with them. They must not be based directly or indirectly on workers’ sex and include:
- Skills – such as the education, expertise and experience the job requires.
- Effort – physical and mental demands.
- Responsibility – for example for people, budgets, results or safety.
- Working conditions – such as environment, working hours or hazards.
- Where appropriate, other factors relevant to the specific job.
What Article 6 requires on disclosure
Employers must make easily accessible to their workers the criteria used to determine pay, pay levels and pay progression. These criteria must be objective and gender-neutral.
Member States may exempt employers with fewer than 50 workers from the pay progression obligation (Article 6(2)). The criteria for pay and pay levels must still be disclosed.
Germany and case law
The German Pay Transparency Act already uses this benchmark: under Section 4 EntgTranspG, equal value depends among other things on the nature of the work, training requirements and working conditions. On 23 October 2025, the Federal Labour Court held that a comparison with a single colleague who performs equal or equivalent work and earns more can be enough to presume pay discrimination (8 AZR 300/24). The employer then has to rebut that presumption.
How to build a defensible job evaluation
An evaluation that holds up in a dispute is transparent, applied consistently and documented. In practice, the following approach works well:
- Evaluate jobs, not people: the basis is the requirements of the job, not individual performance.
- Define levels and points for the criteria and weight them – consistently for all jobs.
- Agree the criteria with worker representatives where they exist.
- Group jobs with comparable overall value into worker categories.
- Document evaluations, changes and justifications, and make the pay criteria accessible to workers.
Frequently asked questions
Do jobs have to be identical to be compared?
No. What matters is the value of the work according to objective, gender-neutral criteria such as skills, effort, responsibility and working conditions. Different jobs can also be of equal value.
Is a job description enough as evidence?
Usually not on its own. It describes tasks but does not evaluate them. A comparison requires a consistent evaluation of all jobs against the same criteria, and its documentation.
Does Article 6 also apply to small companies?
Yes, the criteria for pay and pay levels must be disclosed by all employers. Only for pay progression may Member States exempt employers with fewer than 50 workers.
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.