The government proposal for the Law on Equal Pay for Men and Women for Equal Work or Work of Equal Value, and the Amendment of Certain Laws (the “Law“) represents one of the most significant upcoming changes in labor law and anti-discrimination protection in recent years. Its main goal is to transpose the European Parliament and Council Directive (EU) 2023/970 of May 10, 2023, which strengthens the enforcement of the equal pay principle through pay transparency and more effective mechanisms for the protection of rights. The transposition deadline for the Directive is June 7, 2026, which is also proposed as the day the Law will come into effect.
The Law promotes a so-called preventive model to achieve its objectives, based on transparency, objective criteria, and regular evaluation of pay disparities, which aim to remove obstacles preventing employees from identifying discriminatory practices and effectively seeking their elimination.
Basic Principles and New Employer Obligations
Within the explicit right of men and women to equal pay for equal work or work of equal value, “pay” is defined to include not only the basic remuneration but also other monetary and non-monetary benefits provided in connection with employment. In practice, this will not only involve the comparison of base or agreed wages but also bonuses, premiums, in-kind benefits, and other supplementary components of pay, if their provision depends on the employer’s decision.
A key new requirement is that every employer must introduce a pay structure that enables the assessment of whether employees perform equal work or work of equal value. This structure must be based on objective and gender-neutral criteria. The Law explicitly mentions, in particular:
- Complexity
- Responsibility
- Effort
- Working conditions
- Soft skills, especially social and communication skills.
The Law does not prescribe a single specific method for evaluating jobs; it leaves employers the flexibility to choose an appropriate system, provided it is objective, transparent, and non-discriminatory. If employee representatives are present at the employer, the criteria must be agreed upon with them.
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The Law also intervenes in the phase before the employment relationship begins. Job applicants must have the right to obtain information about the starting pay or the pay range for the relevant position before the job interview or before signing the contract, as well as information about relevant provisions of the collective agreement if applicable to pay. It is also proposed to prohibit requesting information about the applicant’s current or previous pay.
Equally important is the regulation of informational rights during the course of the employment relationship. Employees will be able to request written information on:
- The level of their own pay
- The average level of pay, broken down by gender, for employees performing equal work or work of equal value, unless such information could reveal the pay level of another employee.
The employer will be required to respond within two months. If the provided information is inaccurate or incomplete, the employee will be able to request additional clarification. The proposal also explicitly states that contractual arrangements that prohibit an employee from disclosing the amount of their own pay are invalid. On the other hand, the protection of other employees’ personal data remains intact, as the information must not lead to the identification of another individual’s specific pay.
Reporting, Enforcement of Rights, and Sanctions
Particular attention should be given to the obligation of employers to report on the pay of men and women to the Ministry of Labour, Social Affairs and Family of the Slovak Republic (MPSVR) at the following intervals:
- Employers with at least 250 employees must submit an annual report by April 15 for the previous calendar year
- Employers with 100 to 249 employees must submit a report every three years
- Employers with fewer than 100 employees may do so voluntarily.
However, the proposal includes transitional provisions that specify when the first report should be submitted after the law comes into effect:
- Employers with at least 150 employees must submit the first report by June 7, 2027, for the period from August 1, 2026, to December 31, 2026,
- Employers with 100 to 149 employees must submit the first report by June 7, 2031, for the year 2030.
The report on pay is not intended to be merely a formal document; it must include, in particular:
- The pay gap between men and women
- The gap in supplementary pay components
- The median of these gaps
- The proportion of women and men receiving supplementary pay components
- Their distribution in quartile ranges
- Data according to individual categories of employees.
If the report demonstrates an unjustified gap of at least 5% in any category of employees and the employer fails to justify this gap with objective criteria or remove it within the specified period, they will be required to conduct a joint pay assessment. This assessment aims to identify the causes of inequality and adopt specific corrective measures.
From an enforcement perspective, the provisions on compensation and the burden of proof are particularly significant. Affected individuals will have the right to monetary compensation to restore their property status as if the violation of the equal pay right had not occurred. Compensation may consist of:
- Payment of unpaid wages
- Compensation for lost opportunities
- Compensation for non-pecuniary damages
- Other damages
- Interest on arrears.
The limitation period for these claims is proposed to be three years. In certain cases, the burden of proof will shift to the employer, who will have to prove that no discrimination occurred if they violated the duties set forth in the law. The practical significance of these provisions is clear: the proposal does not just declare the principle of equality but also creates procedural conditions for its actual enforcement.
The Law also introduces the concept of a “single source.” In assessing equal work or work of equal value, employees will not only be compared within the same employer but also with employees of other employers if their pay conditions are determined by a single source, such as a parent company. In Slovak practice, this is particularly relevant for group and holding structures where pay is centrally managed.
The law also includes a sanctions regime. If an employer fails to submit a pay report even within the extended deadline, the MPSVR may impose a fine ranging from €4,000 to €8,000. In addition, the labor inspection authority’s scope is expanded to monitor compliance with the new legal provisions and to check discriminatory job advertisements.
Practical Significance and Conclusion
From the perspective of practical application, it will be crucial that employers who were established before the proposed effective date of the law must, according to the transitional provisions, implement a pay structure that ensures compliance with the right to equal pay by July 31, 2026. This means that with the expected effective date of June 7, 2026, the adaptation period will not be long. Therefore, we recommend that employers review their internal pay policies, job classifications, bonus setting methods, recruitment communication, and mechanisms for handling employee requests for information.