Individual pay adjustments and structural pay remediation solve different parts of a pay-equity problem. An individual adjustment changes the pay of a specific worker or group whose pay is unjustifiably lower. Structural remediation changes the system that produced or could reproduce the difference, such as job evaluation, salary placement, pay progression, promotion rules, bonus eligibility or managerial discretion. Article 10 requires employers to address unjustified differences and to implement remedial measures in close cooperation with workers' representatives. In many cases, a durable response requires both immediate pay corrections and structural changes that prevent the same inequity from recurring.
Jurisdiction: European Union
Individual Adjustments Correct Specific Pay Outcomes
An individual pay adjustment focuses on a worker or defined group whose pay outcome cannot be justified by objective, gender-neutral criteria. The correction may involve changing current salary, variable compensation or another pay component, depending on the cause of the inequity. Article 10 does not prescribe one universal EU adjustment formula or percentage. Employers should determine the correction using the evidence from the joint pay assessment and the remedies available under applicable national law.
Structural Remediation Corrects the System Behind the Gap
Structural remediation addresses the rules, processes or architecture that caused or permitted unjustified differences. Examples can include revising job evaluation, standardising salary placement, documenting pay progression criteria, changing promotion processes, redesigning variable-pay eligibility or limiting unsupported managerial discretion. These measures are important where correcting one worker's pay would leave the underlying mechanism unchanged and capable of recreating the same problem later.
Article 10 Supports Both Correction and Prevention
The purpose of the joint pay assessment is to identify, remedy and prevent differences in pay that are not justified by objective, gender-neutral criteria. Article 10 therefore supports a broader approach than simply closing a numerical gap once. Measures should respond to the cause found in the assessment. If the cause is an isolated historical pay decision, an individual correction may be central. If the cause is a recurring progression or classification rule, structural remediation becomes necessary to prevent recurrence.
Job Evaluation and Classification Require Particular Attention
Article 10(4) states that implementation of measures arising from a joint pay assessment must include analysis of existing gender-neutral job evaluation and classification systems or the establishment of such systems. This means an employer should not treat remediation as complete where the underlying job-value framework remains unreliable. Where the assessment identifies undervaluation, inconsistent classifications or sex-linked assumptions, the employer should correct the system as well as affected pay outcomes.
Use a Combined Remediation Plan Where Causes Operate at More Than One Level
Pay gaps often have more than one cause. A worker may need an immediate salary correction while the employer also revises starting-pay rules, progression criteria or bonus design. A combined plan should identify which measures correct current inequities and which measures change future decision-making. This distinction makes it easier to assign owners, set milestones, verify that individual corrections were implemented and test whether structural reforms reduce the risk of the same gap reappearing.
Keep National Remedies Separate From the EU Baseline
Directive (EU) 2023/970 establishes the equal-pay and remediation framework, but national transposition determines important procedural and remedial details. Back pay, compensation, interest, limitation periods, collective procedures and enforcement mechanisms can depend on national law. Employers should therefore distinguish the Article 10 requirement to remedy unjustified differences from the exact legal remedy available in a particular Member State.
Frequently Asked Questions
Is an individual pay adjustment enough to complete remediation?
Not always. If the underlying pay system can reproduce the inequity, structural changes may also be necessary.
What is structural pay remediation?
Structural remediation changes compensation systems or rules such as job evaluation, salary placement, progression, promotion or variable-pay processes that contribute to unjustified differences.
Does Article 10 prescribe one adjustment formula?
No. Article 10 requires remediation of unjustified differences but does not prescribe one universal EU salary-adjustment formula.
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.