Gender pay gap rules in detail

    Employers must pay equal wages to men and women who perform the same, substantially the same or equivalent work, but there is no independent or automatic gender pay gap reporting obligation.

    However, employers are required by law to provide their employees, upon request, with information regarding salary levels of employees according to their classification, position and level, provided that the employer is not required to divulge data in excess of what is required under the circumstances, must prevent exposing personal details, and on the condition that providing the information does not violate any other law. The law does not specify a specific timeline for employers to provide this information, but it should be done within a reasonable time.

    In cases where there is an unlawful gap between the salary of male and female workers, the Labour Court may require the employer to pay the underpaid worker the difference for the entire period of his or her employment. The court can appoint a job evaluation expert to give an opinion on whether the work is the same, substantially the same or equivalent. If the court finds that it is, the burden of proof shifts to the employer to prove legitimate reasons for the difference in wages.

    Further, according to law, a regional Commissioner may require an employer to provide details of its compliance with obligations under ‘equality at work’ legislation.

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    Author: Herzog Fox & Neeman

    Date: July 2020