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EU regulatory register · PAY-TRANSPARENCY

Article 19Proof of equal work or work of equal value

CELEX 32023L0970 · Read on 2026-08-22

Official text

Read from the EU Publications Office for this CELEX number. The wording stands as published; nothing here is rewritten or summarised.

1. When assessing whether female and male workers are carrying out the same work or work of equal value, the assessment of whether workers are in a comparable situation shall not be limited to situations in which female and male workers work for the same employer, but shall be extended to a single source establishing the pay conditions. A single source shall exist where it stipulates the elements of pay relevant for the comparison of workers.

2. The assessment of whether workers are in a comparable situation shall not be limited to workers who are employed at the same time as the worker concerned.

3. Where no real comparator can be established, any other evidence may be used to prove alleged pay discrimination, including statistics or a comparison of how a worker would be treated in a comparable situation.

Open the article on EUR-Lex

Judgments of the Court of Justice

2 decisions

  • C-41/17Court of Justice of the European Union

    Isabel González Castro v Mutua Umivale and Others

    Reference for a preliminary ruling — Directive 92/85/EEC — Articles 4, 5 and 7 — Protection of the safety and health of workers — Worker who is breastfeeding — Night work — Shift work performed in part at night — Risk assessment of her work — Prevention measures — Challenge by the worker concerned — Directive 2006/54/EC — Article 19 — Equal treatment — Discrimination on grounds of sex — Burden of proof.

  • C-531/15Court of Justice of the European Union

    Elda Otero Ramos v Servicio Galego de Saúde and Instituto Nacional de la Seguridad Social

    Reference for a preliminary ruling — Directive 92/85/EEC — Article 4(1) — Protection of the safety and health of workers — Breastfeeding worker — Risk assessment of her work — Challenged by the worker concerned — Directive 2006/54/EC — Article 19 — Equal treatment — Discrimination on grounds of sex — Burden of proof.

The text is quoted from the official source and is not legal advice. A national court reads the language version that binds in its jurisdiction.

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