Work of equal value means that two jobs do not need to be identical to support an equal-pay comparison. Under Article 4 of Directive (EU) 2023/970, employers must be able to assess whether workers are in a comparable situation by using objective, gender-neutral criteria. The Directive identifies skills, effort, responsibility and working conditions as core factors, with other relevant criteria allowed where appropriate. This means different job titles, departments or task mixes can still represent work of equal value if the overall value of the work is comparable.
Jurisdiction: European Union
Work of Equal Value Extends Beyond Identical Jobs
The concept of work of equal value exists because equal-pay protection would be too narrow if workers could only compare themselves with someone doing exactly the same job. Two roles can have different titles, sit in different functions and involve different day-to-day tasks while still being equivalent in value. The legal question is not whether the jobs look the same on an organisation chart. It is whether the demands, responsibilities and contribution of the jobs are comparable when assessed using objective criteria. This is especially important in workplaces where female-dominated and male-dominated occupations have historically been separated into different functions.
Article 4 Requires Objective and Gender-Neutral Criteria
Article 4 of Directive (EU) 2023/970 requires pay structures that make it possible to assess whether workers are in a comparable situation with regard to the value of their work. The assessment must use objective and gender-neutral criteria. Where workers' representatives exist, the criteria should be agreed with them. The purpose is to replace assumptions based on tradition, status or occupational stereotypes with an explainable method for assessing job value. An employer should be able to show what criteria were used, why those criteria were relevant and how they were applied consistently across the jobs being compared.
Skills, Effort, Responsibility and Working Conditions Are the Core Factors
The Directive identifies four factors that should form the core of work-of-equal-value assessment: skills, effort, responsibility and working conditions. Skills can include education, knowledge, experience, technical capability and relevant interpersonal skills. Effort can include physical, mental and emotional demands. Responsibility can cover people, assets, safety, budgets, systems and decision-making. Working conditions can include physical environment, scheduling demands, exposure to hazards, travel, isolation or other material conditions attached to the role. Employers may also use additional criteria where they are relevant and justified for the job concerned.
Relevant Soft Skills Must Not Be Undervalued
Gender-neutral evaluation requires more than using neutral labels. Article 4 specifically states that relevant soft skills must not be undervalued. This matters because communication, coordination, care, conflict management, emotional demands and relationship skills can be central to a job but historically less visible in traditional evaluation systems. A method that heavily rewards technical or physical factors while overlooking equally important interpersonal or organisational demands can reproduce bias even if it appears neutral on paper. Employers should therefore test whether factor definitions capture the full content of both female-dominated and male-dominated roles.
Different Titles and Departments Can Still Be Comparable
Job title, department and reporting line can help describe a role, but none of them is a legal shortcut for deciding value. Two workers in different departments may be comparable if the value of their work is equivalent under the relevant criteria. Likewise, identical titles do not automatically prove equal value where the actual responsibilities or working conditions differ materially. Employers should therefore compare the substance of jobs using accurate job information rather than treating organisational labels as conclusive evidence. This is why job descriptions, interviews, job-evaluation records and factor scoring can all matter in a work-of-equal-value assessment.
The Assessment Should Be Documented and Repeatable
A defensible work-of-equal-value process should be repeatable rather than improvised for one complaint or pay request. Employers should preserve the job information used, the factor definitions, any weighting decisions, the scoring or classification outcome and the reasons for treating roles as comparable or not comparable. Where jobs change materially, the assessment may need to be revisited. Good documentation helps employers answer worker information requests, explain pay structures, investigate gender pay gaps and defend legitimate pay differences without relying on memory or unsupported assumptions.
Frequently Asked Questions
Do two jobs need the same title to be work of equal value?
No. Different titles can still represent work of equal value where the jobs are comparable under objective, gender-neutral criteria.
Which factors are used to assess work of equal value?
Article 4 identifies skills, effort, responsibility and working conditions as core factors, with other relevant criteria allowed where appropriate.
Can soft skills count in a job-value assessment?
Yes. The Directive specifically states that relevant soft skills must not be undervalued.
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Official Sources
Requirements and practices differ by jurisdiction and organisation. Check current local law, official guidance and professional advice for a specific situation.