Employers should set the starting-pay level or range before advertising a role by first defining the job, mapping it to the organisation's pay structure and identifying the objective, gender-neutral criteria that can affect placement within the range. Article 5 requires the initial pay or range provided to applicants to be based on such criteria. A practical process is to confirm the job level, applicable collective-agreement rules, internal pay band, market inputs where used, relevant experience or skill factors, and approval limits before the vacancy is published. Recruiters should then use the approved range consistently instead of creating a different range after learning what an individual candidate expects.
Jurisdiction: European Union
Define the Role Before Setting the Range
A defensible pay range starts with a clearly defined role. Employers should confirm the job's main responsibilities, required skills, decision-making scope, reporting level and working conditions before deciding what starting pay is appropriate. If the vacancy description is still changing, the salary range may also be unstable. This matters under Article 5 because the initial pay or range must be based on objective and gender-neutral criteria for the position. Compensation decisions are easier to defend when the role has been evaluated before recruitment begins rather than after a preferred candidate appears.
Map the Role to the Existing Pay Structure
Where the employer uses job grades, salary bands or a formal job-evaluation framework, the new vacancy should be mapped to that structure before advertising. Article 6 requires pay-setting criteria to be objective and gender-neutral, so recruitment ranges should not operate independently from the system used for existing workers. If the proposed range sits outside the normal band for the role, compensation or HR should understand and document why. The goal is to prevent recruitment from creating starting salaries that later appear inconsistent with the employer's internal pay framework.
Identify the Objective Criteria That Can Affect Placement
The employer should define which factors can legitimately move an applicant from the lower end of the range toward the upper end. Relevant factors may include job-related experience, specialised skills, qualifications, responsibility or other criteria genuinely connected to the position. The criteria should be gender-neutral and capable of being applied consistently. A vague instruction such as 'use judgement' gives recruiters too much discretion. A clearer approach explains which factors matter, how much weight they carry and when an offer near the top of the range requires additional approval.
Check Collective-Agreement Rules Before Publication
Where a collective agreement applies to the position, the employer should identify the relevant provisions before setting or publishing the range. Article 5 requires applicants to receive relevant collective-agreement provisions where applicable, and those provisions may constrain starting pay through grades, steps, allowances or progression rules. Recruitment teams should not advertise a range that conflicts with the agreement. Compensation, HR and labour-relations teams should therefore confirm the applicable framework before the vacancy goes live.
Approve the Range Before Recruiters Start Speaking to Candidates
The range should be formally approved before recruiters begin screening applicants. This ensures the employer's pay framework exists before candidate expectations or negotiation strength enter the process. Approval should identify the minimum, maximum, placement criteria, any exception authority and the person responsible for updates. Recruiters can then communicate the same approved framework consistently. If the range changes during recruitment because the role itself changes, the employer should document the reason and update the vacancy or applicant communication where necessary.
Keep Evidence of How the Range Was Built
A short range-setting record can make later review much easier. It can identify the job grade, internal band, relevant market inputs, collective-agreement provisions, objective placement criteria, approval date and approver. The Directive does not prescribe this exact document, but evidence helps the employer demonstrate that the range was not invented for a particular candidate. It also supports later equal-pay review if two workers hired into similar roles start at different points within the band.
Check National Disclosure Rules Before the Vacancy Goes Live
Directive (EU) 2023/970 sets the EU baseline, while Member States implement the rules through national law. A national measure may require the range to appear in the vacancy notice, specify additional content or impose other recruitment controls. Employers should therefore complete a country check before publication. A central range-setting method can remain common across the organisation, but the vacancy template and timing of disclosure may need to vary by jurisdiction.
Frequently Asked Questions
Should the salary range be set before the job is advertised?
That is the strongest operational approach because Article 5 requires applicant pay information to be based on objective gender-neutral criteria, and a pre-approved range reduces candidate-specific improvisation.
Can recruiters change the range after talking to a candidate?
The range should not be changed merely because of one candidate's expectations. A change may be justified if the role itself is re-scoped or another objective documented reason applies.
What should employers document when setting the range?
Useful records include the job level, internal pay band, objective placement criteria, collective-agreement rules where applicable, approvals and any authorised exceptions.
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.