Worker representatives have several roles under Directive (EU) 2023/970. Workers can request certain pay information through them, reporting methodologies must be accessible to them, joint pay assessments involve them, and qualifying representatives can participate in proceedings under national law. They are also protected against less favourable treatment when exercising or supporting equal-pay rights. The exact representative structure and procedure depend on the Member State.
Jurisdiction: European Union
Check national representation structures and procedures
Worker Representatives Are Built Into the Transparency Framework
The Directive does not treat worker representatives as observers. They appear across the information, reporting, joint assessment and enforcement provisions. Their involvement reflects the collective dimension of equal pay: patterns may be difficult for an individual worker to identify without access to structured information. Employers should therefore know which representative bodies are recognised under the applicable national law or practice and define how HR, compensation and legal teams will engage with them on pay transparency matters.
Workers Can Request Pay Information Through Representatives
Article 7 allows workers to request and receive information on their individual pay level and relevant average pay levels through worker representatives. This can help a worker exercise information rights without navigating the process alone. Where the information supplied is inaccurate or incomplete, workers can also seek reasonable clarifications. Employers should establish an intake route that verifies authority, protects confidential information and ensures the response is provided within the applicable time limit.
Representatives Have a Role in Pay Reporting Governance
Article 9 requires the accuracy of reportable pay information to be confirmed by the employer's management after consultation with workers' representatives. Representatives must also have access to the methodologies applied by the employer. This means reporting is not merely a technical payroll exercise. Employers need to be able to explain worker categories, calculation methods and data treatment in a way that can withstand representative review. Methodology records should be prepared before consultation rather than reconstructed after questions arise.
Joint Pay Assessments Require Representative Participation
Where the conditions in Article 10 are met, the joint pay assessment is carried out in cooperation with workers' representatives. The exercise is intended to identify, remedy and prevent unjustified pay differences. Representatives therefore participate in a process that can examine worker categories, average pay differences, reasons for disparities and corrective measures. Employers should plan for meaningful participation and retain evidence of the methodology, discussions and actions taken.
Representatives Can Support Enforcement Proceedings
Article 15 requires Member States to allow workers' representatives and other qualifying bodies to engage in administrative procedures or court proceedings concerning alleged equal-pay infringements, according to national criteria. Their role can therefore continue beyond internal consultation. A representative who identifies a systemic issue may support a worker or participate in formal enforcement. Employers should ensure that communications with representatives remain accurate and consistent across informal, investigatory and litigation stages.
Representatives Are Protected When Exercising These Functions
Article 25 protects workers and their representatives against less favourable treatment because they exercised equal-pay rights or supported another person. It also requires protection against dismissal or other adverse treatment in reaction to complaints or proceedings. Employers should train managers not to treat representative activity as disloyalty or misconduct. Decisions affecting a representative who has raised a pay issue should be based on legitimate, documented reasons unrelated to the protected activity.
Frequently Asked Questions
Can a worker make a pay information request through a representative?
Yes. Article 7 expressly allows workers to request and receive the relevant information through workers' representatives.
Do worker representatives see reporting methodologies?
Yes. Article 9 requires them to have access to the methodologies applied by the employer.
Are worker representatives protected from adverse treatment?
Yes. Article 25 protects workers and their representatives when they exercise or support equal-pay rights.
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.