Law 60/2018 was published on 21 August 2018 and it introduces measures to promote equal pay for women and men for work that is the same or is of equal value. More precisely, the law establishes information, assessment and correction mechanisms that aim to achieve such equal pay.
At the outset, the law imposes an obligation on the employer to ensure the existence of a transparent pay policy, based on an assessment of the work components of the job on the basis of objective criteria, common to men and women. These components are merit, productivity, attendance or seniority.
As a result, if a worker alleges that he or she is being discriminated against in face of the pay of another worker or workers, the employer must demonstrate that it does in fact have a pay policy in line with the one mentioned above. This obligation is enforceable six months after this law comes into effect, that is, as from 21 August 2019.
Additionally, if the Authority for Working Conditions detects, at the company, pay differences between women and men, the employer will be notified to submit a plan to assess the pay differences.
During the first two years of the life of this law, the pay-difference assessment plan will apply only to employers that employ 250 or more workers, and it will be extended to employers that employ 50 or more workers as from the third year it is in force.
The said assessment plan is implemented for 12 months and is based on the evaluation of the work component of the job, on the basis of objective criteria, in order to exclude any possibility of discrimination by virtue of sex. At the end of the said period, the employer must inform the Authority for Working Conditions of the results of the implementation of the plan, demonstrating any justified pay differences and the correction of unjustified pay differences.
Any pay differences that remain in place and have not been justified by the employer are presumed to be discriminatory.
Failure to comply with the rules on assessing pay differences constitutes a serious administrative offence, which may result in application of the ancillary sanction of deprivation of the right to take part in public tenders or calls for tender for a period of two years.
This law further establishes the possibility of the worker or shop steward applying in writing to the Commission for Equality in Labour and Employment...