Gender pay gap rules in detail
There is no national law obliging employers to report gender pay differences.
However, there is an obligation on employers of more than 150 people to prepare an internal income report every other year, covering the average income of all employees in the company in the various employment groups and their years of service. The employer must provide this report to the works council or if none, the report must be kept in a room accessible to the employees. On the basis of the report, the company or works council (if there is one) may check how comparable jobs are paid. The works council or individual employees may enforce the employer´s obligation to prepare an income report at the Labour and Social Court within three years. In addition, note that the results of the report itself cannot form the basis for a direct or indirect claim by the works council or any individual employee. Nor are any criminal or administrative sanctions available in relation to income reports.
Author: Schima Mayer Starlinger
Date: July 2020