Work on implementing EU regulations on pay transparency is raising many questions amongst employers. One of the most frequently asked questions is whether every identified pay gap between women and men will automatically constitute a breach of the law.
The regulations do not prohibit pay differentials as such. However, differentials that cannot be justified by objective, gender-neutral criteria are not permitted.
As Renata Bugiel points out, it is not the mere existence of pay differences that will be crucial, but the ability to justify and document them reliably. In her comments to Prawo.pl, our expert notes that an attendance bonus may prove problematic.
“An attendance bonus is theoretically gender-neutral, as it applies to all employees. However, as women statistically take maternity, parental or care leave more frequently, a criterion based solely on physical attendance over the course of a year may affect them disproportionately more, leading to a pay gap.”
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