Equal work and work of equal value are related but not identical concepts. Equal work usually concerns workers doing the same or materially equivalent work. Work of equal value is broader and allows comparison between different jobs where the value of the work is equivalent under objective, gender-neutral criteria. Under Article 4 of Directive (EU) 2023/970, employers must be able to assess value using factors including skills, effort, responsibility and working conditions. A valid equal-pay comparison therefore does not depend on matching job titles or departments.
Jurisdiction: European Union
Equal Work Is the More Direct Comparison
Equal work is generally the more straightforward comparator situation. Workers may perform the same role, substantially the same tasks or work that is materially equivalent in content and responsibility. The comparison should still focus on the real work rather than title alone. Two employees can share a title while carrying materially different responsibilities, and two slightly different titles can describe substantially the same work. Employers should therefore verify the substance of the role before assuming that a title match either proves or disproves equal work.
Work of Equal Value Reaches Different Jobs
Work of equal value extends the comparison beyond workers doing the same job. It recognises that different roles can make an equivalent contribution even when their tasks are not alike. The assessment looks at job value using objective, gender-neutral criteria rather than occupational labels or historical pay status. This broader approach is essential where women and men are concentrated in different jobs or departments. Without it, structurally undervalued work could escape scrutiny simply because there is no male and female worker carrying the same title.
The Four Core Factors Matter Most in Equal-Value Comparisons
When comparing different jobs, Article 4 directs attention to skills, effort, responsibility and working conditions. These factors help employers examine the actual demands of roles that may otherwise appear unrelated. Additional relevant criteria may also be used where justified. The factors should be defined and weighted in a gender-neutral way, and relevant soft skills must not be undervalued. A comparison method should therefore capture the full range of job demands rather than favouring only technical, managerial or physical characteristics that may historically have received more recognition.
Different Organisational Labels Do Not End the Analysis
Department, reporting line, location and title can be useful factual information, but they are not conclusive tests of whether work is equal or of equal value. A payroll specialist and an operations coordinator may sit in different functions yet still require comparable levels of skill, effort and responsibility. Conversely, two workers with identical titles may have materially different decision-making authority or working conditions. Employers should therefore avoid screening out potential comparators solely because the organisation has classified them differently.
The Correct Comparison Route Should Be Documented
Employers should be able to explain why a pay comparison was treated as an equal-work comparison, a work-of-equal-value comparison or not comparable at all. The supporting record should identify the jobs examined, the factual job information used, the relevant criteria and the conclusion. This creates a stronger basis for responding to employee requests, investigating pay gaps and defending legitimate compensation decisions. It also reduces the risk that valid comparators are excluded through informal assumptions about titles, departments or occupational status.
Frequently Asked Questions
Is equal work the same as work of equal value?
No. Equal work concerns the same or materially equivalent work, while work of equal value can compare different jobs that are equivalent in value under objective, gender-neutral criteria.
Can different job titles still be work of equal value?
Yes. Different titles do not prevent comparison where the jobs are equivalent in value.
Why does the distinction matter?
It prevents equal-pay protection from being limited only to workplaces where women and men hold identical jobs.
Related Guides
Official Sources
Requirements and practices differ by jurisdiction and organisation. Check current local law, official guidance and professional advice for a specific situation.