In addition, employers with at least one hundred (100) employees must submit, at regular intervals, depending on the size of their workforce, reports on the gender pay gap within their organisation. Where such reports reveal an unjustified difference of at least five percent (5%) in the average pay level between female and male employees in any category of workers, the employer is required to carry out a joint pay assessment in cooperation with employees' representatives in order to identify the causes of the disparity and implement appropriate corrective measures.
The legislation also reinforces the legal protection available to employees who consider that they have suffered harm as a result of a breach of the equal pay principle. In particular, it prohibits adverse treatment, including the termination of employment on such grounds, and provides for the imposition of civil and administrative sanctions in cases of non-compliance.
The Law also includes some additional to the Directive (EU) 970/2023 provisions, as presented below and as has already been pointed out:
1. Employer’s rights to deny information and claim compensation from the employee:
- The employer can deny an employee's information request if it is abusive or disproportionate (e.g., highly repetitive). Employees can appeal a refusal to the Ombudsman. No such provision exists in the EU Directive (Article 56A, paragraph 5 of the Labor Code).
- The employer can claim compensation from the employee for any loss suffered as a result of the employee’s breach of the duty of confidentiality regarding the salary (Article 56A, paragraph 6, subparagraph c of the Labor Code).
2. Regulation of temporary employment, concerning the inclusion of temporary workers pay data in reports:
- Temporary workers can request pay level data by gender. The company they are placed in (indirect employer) must obtain this data from the TWA and provide it. (Article 56 A, para. 1 of the Labor Code)
- Temporary workers must be included in pay gap reports. TWAs must provide salary data to the indirect employer promptly or face Labor Inspectorate sanctions (Article 56 B, paras. 2 & 3 of the Labor Code).
- During periods when a temporary worker is not assigned to an indirect employer, the TWA must include the worker in the report it submits.
- Pay data is disclosed to the Ombudsman and may be posted on the company’s website or incorporated into the sustainability report (ESRS) - for companies which are subject to sustainability report obligations under art. 7 of law 5164/2024. (Article 56 B, para. 7 of the Labor Code)
3. Reversal of the burden of proof for discriminatory acts:
- Under art. 18 para. 1 of the EU Directive, the employee is required to prove before a competent authority or national court facts from which it may be presumed that there has been direct or indirect discrimination against them (burden of proof of such facts lies with the employee). Pursuant to art. 54 para. 1 of the Labor Code, it is sufficient that the discrimination is presumed rather than proved (burden of proof that no discrimination took place lies with the employer).
The new provisions create enhanced compliance obligations for employers, particularly in relation to establishing objective and gender-neutral pay-setting criteria and implementing the processes necessary to comply with the new transparency, reporting, and data submission requirements.
