ELA EU Pay Directive

AUSTRIA

  • Has transposing legislation been drafted in your country?

    If YES, please provide:

    i. A succinct summary of the legislation; in the summary, please include:

    a. a link to the transposing legislation (with link to English translation if

    available, or English translation prepared by you);

    b. the date it comes into force, and the date from which employers must

    comply with the implementing legislation (if different);

    c. any additional secondary legislation or guidance that will provide further

    detail on how the Directive will operate in your jurisdiction as well as

    when it is expected to be published?;


    ii. In your summary, please answer the following questions:

    a. Does the draft legislation implement the Directive exactly as written

    (verbatim), or does it introduce additional or stricter requirements (“gold

    plating”)? If additional requirements have been added, please

    summarise what enhanced provisions apply under local law; and

    b. How will the Directive's requirements interact with or replace existing

    national obligations? Will employers need to comply with both regimes

    during a transition period?


    iii. Once the above questions have been answered, proceed to Questions 2 and 3.

    If NO, please provide:

    iv. An update in terms of when you expect transposing legislation to be published,

    and what such legislation will cover.

    v. Has there been any indication from the legislature as to whether the transposing

    legislation will implement the Directive exactly as written (verbatim), or will it

    introduce additional or stricter requirements (“gold plating”)?;

  • Application

    a) Under local law/ transposing legislation, who are considered to

    be workers' under the Directive?

    b) Regarding Article 4, has local legislation clarified what should

    be considered as "pay structures"?

    c) Regarding Article 4, where employers must have pay

    structures in place ensuring equal pay for equal work or work

    of equal value - has local legislation clarified how employers

    should categorise "work of equal value"?

  • Recruitment and job applicants

    a) What information must an employer provide to job applicants

    about the relevant position in relation to pay (i.e. what does

    "initial pay range" include – basic pay, bonus, family leave

    payments, pension, stock options, etc)?

    b) How and when must this information be provided?

    c) Regarding the new prohibition which prevents employers'

    from asking job applicants about their current pay or prior pay

    history, do internal candidates have the same rights?

    d) Can employers' use salary history information already known

    to them when determining salaries for internal hires/

    promotions?

    e) Does the local legislation impose that the job vacancy notices

    and job titles are gender neutral?

  • Transparency of pay and pay progression policy

    a) What information must an employer make available to workers

    about workers’ pay, pay levels and pay progression under

    local law?

    b) How should this information be provided?

    c) Has local transposing legislation clarified what are the

    "objective and gender-neutral criteria" that should be used to

    determine pay, pay levels and pay progression?

    d) Are there any exemptions based on headcount?

  • Individual rights to pay information

    A worker is entitled to request and receive information on:

     their individual pay level; or

     the average pay levels broken down by sex for workers

    performing the same work as them or work of equal value


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    to theirs?

    What is considered to be "pay" for the purpose of this

    provision?

    b) Can any pay components be excluded for the purposes of

    calculating gross hourly pay (for example, can voluntary

    benefits, stock options or "pay" components that do not appear

    on a payslip be excluded?)

    c) Within what period of time must the information be provided?

    d) How should this information be provided?

    e) Are there any exemptions based on headcount?

    f) Is a worker entitled to request this information if they request it

    individually, through workers representatives and/or an

    equality body?

    g) What rights does a worker have where the information is

    alleged to be inaccurate or incomplete?

    h) Does an employer need to inform workers of their entitlement

    to request this information?

    i) Does local law require that employers provide this information

    in the local language, or can it be provided in English?

  • Prohibitions on workers disclosing pay information

    Contractual clauses that prevent employees from disclosing

    information about their pay are prohibited under the Directive.

    However, can employers impose any restrictions on workers to

    prevent them from disclosing their own pay, and/or average

    pay information obtained pursuant to an information request?

    b) If an employer has existing worker contracts with pay secrecy

    clauses, what actions (if any) are required to bring those

    contracts into compliance (e.g., must such clauses be formally


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    rescinded or is the existing pay secrecy clause simply

    unenforceable)?

  • Gender pay gap reporting

    a) Please confirm what gender pay gap information an employer

    will be required to provide concerning their organisation under

    local law (and include detail on headcount thresholds).

    b) Are the pay gap reporting deadlines the same as those set out

    in the Directive? If no, please answer (i) below.

    i. When must an employer first report the required pay gap

    information? And thereafter how often is an employer

    required to report and in respect of what period?

    c) Does transposing legislation specify a uniform reference or

    “snapshot” date for assessing headcount or pay data for

    reporting purposes?

    d) What pay information (if any) is an employer required to

    publish and where does it need to be published (i.e. on its

    website).

    e) Is an employer required to provide the information to an

    authority and if so when)? Is there any information as to how

    information held by authorities will be published (i.e. will

    individual employers be named in annual reports or will

    published gender pay gap information be sector specific and

    anonymise employers)?

    f) Please explain any different reporting requirements based on

    headcount thresholds.

    g) Does local law specify how employers should consider

    employees that choose not to identify with a particular gender?

  • National Workforce Thresholds

    a) Does national law apply different workforce thresholds than

    those set out in the Directive (100/150/250 employees) for any

    pay transparency or reporting obligations?

    b) Are there any sector-specific or size-specific exemptions or

    adjusted requirements?

  • Dealing with Gaps & Joint Pay Assessments

    a) Where gender pay differences are not justified on the basis of

    objective, gender-neutral criteria, in what timescale must an

    employer remedy the situation?

    How must an employer work in close cooperation with

    workers’ representatives, the labour inspectorate and/or the

    equality body in remedying the situation?

    b) Does local law define ‘close cooperation’ – is it just in

    consultation with, or must there be agreement?

    c) In what circumstances does local law require an employer to

    conduct a joint pay assessment in co-operation with workers’

    representatives?

    d) What information must be included in the joint pay

    assessment?

    e) To whom must an employer make the joint assessment

    available?

  • Data Protection

    a) Where disclosure of information would lead to the disclosure,

    either directly or indirectly, of the pay of an identifiable worker,

    does local law limit access to the relevant information and if so

    to whom and how?

  • Breach of pay transparency and pay gap reporting requirements

    What sanctions, penalties or other measures may be imposed

    on an employer in event of breach of gender pay reporting or

    pay transparency requirements under local law?

  • Rights to equal pay – rights of action

    a) What rights of action under local law are available to a worker

    as a result of any alleged infringement of the right to equal

    pay?

  • Workers Representatives

    a) How does local law define ‘workers’ representatives’?

    b) If the employer does not have any workers’ representatives as

    defined by local law, what, if any, are its obligations in relation

    to those provisions of the Directive referring to workers’

    representatives (particularly in light of joint pay assessments

    which we note has been drafted to include a more positive

    obligation on employers to cooperate with workers'

    representatives than other articles under the Directive)?

    c) How has local law transposed the rights workers’

    representatives have under the Directive, and have these

    rights been extended by the implementation of the Directive in

    local law?

    d) If workers’ representatives have not been engaged in the right

    way and/or in a timely fashion, what are the consequences

    under local law?

    e) What obligations exist in relation to workers’ representatives’

    rights to be consulted on pay gap information and access to

    the relevant methodologies applied?

    f) What rights of action are available to a worker or workers’

    representatives in event of breach of gender pay reporting or

    pay transparency requirements under local law?

  • Member State Support

    a) What support in terms of technical or other assistance and

    training has been provided, or is promised, for employers?

    b) Is this available to all employers or, for example, are there

    headcount limits?

    c) If this is publicly available, please include a link to where an

    employer can access this.

  • AOB

    15. Is there anything else notable in your jurisdiction?

    For example, additional secondary legislation or guidance.