The draft does not introduce a specific definition of “workers” beyond the existing Labour Code concept. It applies to employees who are hired under an employment contract, including temporary agency workers. 

The draft defines “pay” (“remuneração”) as base pay and any other fixed or variable benefits, whether in cash or in kind, that the employer owes to the worker in exchange for his/her work. No clarification on the concept of “pay structures” is included in the draft. 

The draft defines “work of equal value” as the work where functions performed for the same employer are equivalent, considering qualifications or experience, responsibilities, physical and psychological effort, and working conditions. Workers must be grouped into “groups of workers” based on objective, non-discriminatory criteria common to men and women.

Job applicants are entitled to receive information about the initial pay or pay range for the position and, where applicable, the relevant provisions of the applicable collective agreement. The concept of “pay” referred to above is relevant for this purpose. 

This information must be provided before the date of conclusion of the employment contract. It is not required that this information is provided in the job advertisement or before the interview.

Yes. The prohibition on salary history enquiries applies to all “candidates for employment” without distinction between internal and external candidates. 

The draft prohibits the employer from inquiring about the salary history of candidates in their current or previous employment relationships. It does not expressly address the use of salary information that the employer already knows for internal candidates.

The draft does not expressly impose that job vacancy notices and job titles be gender neutral. General anti-discrimination rules under the Portuguese Labour Code nevertheless apply.

Employers must make available to workers information on the criteria used to determine pay, pay levels and pay progression. These criteria must be objective, common to men and women, and non-discriminatory on grounds of sex. 

This information should be made provided to workers by posting it in suitable locations or publishing it on the company intranet.

No.

Yes. Companies with fewer than 50 employees are exempt from the obligation to post or publish information on pay progression.

According to the draft, “pay” (“remuneração”) includes base pay and any other fixed or variable benefits, whether in cash or in kind, that the employer owes to the worker in exchange for his/her work; “pay level” means gross annual pay and the corresponding gross hourly pay. 

The draft does not expressly exclude any pay components. The broad definition of “pay” suggests that all components are included.

The information requested by the workers must be provided within two months from the written request. 

The draft does not specify the format. The information is provided upon written request.

The draft provides no headcount-based exemption for individual information requests

Yes. A worker may request this information individually, through workers’ representatives or through Commission for Equality in Work and Employment (CITE). 

The draft does not specifically address the right to challenge inaccurate or incomplete information in this context.

Yes. Employers must inform workers annually of their right to request information and the procedure for doing so. 

The draft does not address language requirements. However, it seems that the information should be provided in a language that workers can understand. As a rule, the local language seems to be appropriate. 

The draft expressly provides that any contractual clauses or provisions in collective bargaining agreements that seek to prevent a worker from disclosing information relating to his/her remuneration shall be null and void. However, the employer may require the worker to use the information obtained only for exercising his/her right to equal pay. 

Such clauses are null and void by operation of law. No specific formal action is required; the clauses are simply unenforceable.

No. The draft establishes the following deadlines: companies with 250 or more workers must first report by 7 June 2027 and then annually; companies with 150–249 workers must first report by 7 June 2027 and then every three years; and companies with 50–149 workers must first report by 7 June 2031 and then every three years.

Companies with 50 or more workers must provide disaggregated information which enable the following figures to be calculated: (i) the pay gap; (ii) the pay gap in supplementary or variable components; (iii) the median pay gap; (iv) the median pay gap in supplementary or variable components; (v) the proportion of male and female workers receiving supplementary or variable components; (vi) the proportion of male and female workers in each quartile of the remuneration range; and (vii) the pay gap by worker group, disaggregated by base pay and supplementary or variable components. The draft establishes the following headcount thresholds: 250 or more workers (annual reporting) and 50–249 workers (reporting every three years). Temporary workers are counted.

The draft provides that information relates to the previous calendar year. However, the draft does not define any specific “snapshot date” for assessing headcount or relevant pay data. 

The law does not require employers to publish information. The entity responsible for the processing of the information received from employers must publish on its website, by the end of the first half of each calendar year, information on the pay gap at national, sectoral and employer level.

Yes. Information is provided to an entity responsible for the processing of data (not identified in the draft). This entity publishes information on its website, including employer-level data. 

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No.

Yes. The draft extends the reporting obligation to companies with 50 or more workers. The Directive thresholds of 100/150/250 are replaced by 50/150/250.

Companies with fewer than 50 employees are exempt from providing information on the criteria used to determine pay progression. No sector-specific exemptions are provided.

Where pay differences are identified following the report, the Authority for Working Conditions (“ACT”) shall notify the employer to provide, within 90 days, a justification or proposed measures to rectify the detected differences. ACT will analyse the justification or corrective measures submitted by the employer within 45 days. In the absence of a justification or the submission of corrective measures, and where an unjustified pay gap of at least 5% persists, ACT will notify the employer to submit a joint pay assessment within 45 days, with the participation of employees’ representatives, where they exist. Within 90 days, the employer must implement the measures set out in the joint assessment and submit a report to ACT. This report must include information on the implementation of adopted the measures and an analysis of the professional assessment and classification systems. 

Yes. Please see the answer to previous question.

The joint pay assessment must include the participation of workers’ representatives, where they exist. In addition, employers must work in cooperation with ACT in order to justify pay differences or to adopt measures to correct them. ACT has also participation in the joint pay assessment, as described above.

The draft refers to the “participation” of workers’ representatives in the joint pay assessment. This participation appears to be a consultation (an agreement does not seem to be required). 

Where unjustified pay differences of at least 5% persist after the employer’s justification or corrective measures have been assessed, ACT will require a joint pay assessment with the participation of the workers’ representatives, if they exist.

The joint pay assessment must include: (i) the analysis of the proportion of men and women in each group of workers; (ii) information on the average pay levels of men and women and the respective supplementary or variable components for each group of workers; (iii) any differences in average pay levels between men and women in each group of workers; (iv) the reasons for such differences in average pay levels, based on objective criteria common to men and women, if any, established by the employer or, where they exist, jointly with employees' representatives; (v) the percentage of workers of both sexes who benefited from an increase in their remuneration following their return from any parental or family assistance leave provided for in the Labour Code or the General Law on Public Employment, if such increase occurred in the relevant worker group during the period of leave; (vi) the measures to be adopted to correct pay differences where they are not justified on the basis of objective criteria common to men and women; (vii) an assessment of the effectiveness of the measures contained in previous joint pay assessments, where applicable. 

The joint pay assessment must be communicated to workers and their representatives within the 45-day deadline. Within 90 days, the employer must implement the measures set out in the joint assessment and submit a report to ACT. This report must include information on the implementation of adopted the measures and an analysis of the professional assessment and classification systems.

The draft provides that data processing must ensure the protection of personal data under applicable legislation. The employer may require workers to use information only for exercising equal-pay rights. 

The draft classifies breaches as follows: 

 very serious administrative offences for breach of the obligations to ensure the existence of a transparent pay policy based on the assessment of the functions, pay transparency in recruitment, reporting obligations and joint pay assessment obligations; 

 serious offences for breach of individual information-access rights; and 

 minor offences for breach of obligation to disclose the criteria for determining pay, pay levels and pay progression.

In the event of a repeat offence or repeated breaches of the rights and obligations relating to the principle of equal pay, the following additional sanctions may be imposed: 

(i) Revocation of all tax and financial incentives; 

(ii) Revocation of public benefits; 

(iii) Deprivation of financial incentives; 

(iv) Deprivation of the right to participate in auctions, concessions or public tenders for a period of up to two years; 

(v) Mandatory training on pay transparency.

Workers have the following rights of action as a result of any alleged infringement of the right to equal pay: 

 Request Commission for Equality in Work and Employment (CITE) to issue an opinion on alleged pay discrimination; 

 File a judicial action for equal pay under the Labour Code and Labour Procedure Code; in the event of an allegation of pay discrimination, it is incumbent upon the employer to demonstrate that it has a pay policy that ensures equal pay to equal work or work of equal value, in particular with regard to the pay of the person alleging discrimination, by comparison with the employees in relation to whom they claim to be discriminated against.

 Dismissal or disciplinary sanctions allegedly imposed to punish a labour infraction within three years after a complaint are presumed abusive.

The draft does not include a definition of “workers’ representatives”. Under the Labour Code, “workers’ representatives” include trade-union delegates, works councils and members of health and safety committees

The draft consistently uses the phrase “where they exist” regarding workers’ representatives. Where no representatives exist, employers are still required to comply with the substantive obligations, but the consultation or participation requirement does not apply.

Under the draft, workers’ representatives have rights to participate in agreeing a transparent pay policy; access pay-gap information by worker group; request additional clarifications on pay data; participate in joint pay assessments: receive the joint pay assessment; and, for trade-union representatives, request CITE opinions on pay discrimination. 

The draft does not specify the consequences of failing to consult with workers’ representatives, except for misdemeanour liability in the event of an employer failing to fulfil their obligations. 

Workers’ representatives can access pay-gap information by worker group and request additional clarifications within 30 days. 

Workers or workers’ representatives may file complaints with ACT and CITE. 

Under the draft, CITE is responsible for: providing digital tools and methodologies for job evaluation; raising awareness among public and private employers; providing training to employers and workers’ representatives on pay equality and transparency; and promoting studies on the causes of the pay gap. 

The draft does not impose headcount limits on access to CITE’s support. 

c) CITE’s website: https://cite.gov.pt/.