### 5. calls on the member states to promote awareness raising , to implement national criminal justice laws and specific policies and programmes to prevent gender-based cyberviolence and to fight against impunity for those who commit such acts; ### 5. calls on the member states to promote awareness raising , to implement national criminal justice laws and specific policies , as well as trainings , educational programmes and campaigns to prevent gender-based cyber violence and to fight against impunity for those who commit such acts; highlights the importance of gender equality in education curriculums to address gender stereotypes that lead to harmful gender norms , while dealing with the root causes of gender-based violence , including cyberviolence , notes that particular attention should be given in this respect to education of boys and men;


### 5. calls on the member states to promote awareness raising , to implement national criminal justice laws and specific policies and programmes to prevent gender-based cyberviolence and to fight against impunity for those who commit such acts; ### 5. calls on the member states to promote awareness raising , to duly implement national criminal justice laws and specific policies and programmes to prevent and fight gender-based cyberviolence and to take appropriate measures against impunity of the perpetrators of such acts; encourages the member states to provide adequate funding for advocacy organisations and victims support organisations in this area;


### 6. urges the commission and the member states to establish a reliable system for regularly collecting statistical disaggregated and comparable data on gender-based violence , including cyberviolence; ### 6. urges the commission and the member states to establish a reliable system for regularly collecting statistical disaggregated and comparable data on gender-based violence , including cyberviolence , including with the aim to conduct an eu wide study;


### 7. notes that inter alia stress , concentration problems , anxiety , panic attacks , low self-esteem , depression , post-traumatic stress disorder , lack of trust and lack of sense of control , caused by cyberviolence , can have an impact on mental health; ### 7. notes that inter alia stress , concentration problems , anxiety , panic attacks , low self-esteem , depression , post-traumatic stress disorder , lack of trust and lack of sense of control , caused by cyberviolence , can have an impact on mental health and may have life-long consequences on health and well-being of women experiencing it;


### 7. notes that inter alia stress , concentration problems , anxiety , panic attacks , low self-esteem , depression , post-traumatic stress disorder , lack of trust and lack of sense of control , caused by cyberviolence , can have an impact on mental health; ### 7. notes that inter alia stress , concentration problems , anxiety , panic attacks , low self-esteem , depression , post-traumatic stress disorder , lack of trust and lack of sense of control , caused by cyberviolence , can have an impact on mental health and may lead to self-harm and suicidal ideation;


### 8. underlines that gender-based cyberviolence generates psychological , social and economic consequences; ### 8. underlines that apart from psychological impacts gender-based cyberviolence generates social and economic implications on women’s life both online and offline;


### 9. calls on the member states to give particular attention to women belonging to groups put in a vulnerable situation as regards gender-based cyberviolence and to develop specific support services and educational programmes dedicated to those specific groups; ### 9. calls on the member states to give particular attention to women belonging to groups put in a vulnerable situation , such as women belonging to ethnic minorities , with disabilities , lesbian , bisexual , transgender and intersex women , as well as lgbti persons in general and in particular lgbti youth , as regards gender-based cyberviolence and to develop specific support services and educational programmes dedicated to those specific groups;


### 9. calls on the member states to give particular attention to women belonging to groups put in a vulnerable situation as regards gender-based cyberviolence and to develop specific support services and educational programmes dedicated to those specific groups; ### 9. calls on the commission and the member states to give particular attention to women belonging to groups put in a vulnerable situation as regards gender-based cyberviolence and to develop specific support services and educational programmes dedicated to those specific groups;


### 10. deplores the fact that gender-based cyberviolence reduces the participation of women in public debate which , as a consequence , erodes the democratic principles of the union; regrets that that ‘silencing effect’ has been particularly aimed at targeting women activists , journalists and politicians with the intention of discouraging the presence of women in political life and decision-making spheres; ### 10. deplores the fact that gender-based cyberviolence reduces the participation of women in public debate which , as a consequence , erodes the democratic principles of the union; regrets that that ‘silencing effect’ has been particularly aimed at targeting women activists , including feminist women and girls , lgbtiq+ activists , artists , women in male-dominated industries , journalists and politicians with the intention of discouraging the presence of women in public life , including politics and decision-making spheres;


### 11. recalls that gender stereotypes are at the core of gender discrimination and are one of the main barriers to the entry of women and girls in the ict and digital fields; stresses the need to tackle the gender gap in the ict sector through education , awareness-raising campaigns and the promotion of the representation of women in the sector; ### 11. recalls that gender stereotypes are at the core of gender discrimination and are one of the main barriers to the entry of women and girls in the ict and digital fields; stresses the need to tackle the gender gap in the ict sector through education ,awareness-raising campaigns , professional trainings , appropriate funding and the promotion of the representation of women in the sector;


### 11. recalls that gender stereotypes are at the core of gender discrimination and are one of the main barriers to the entry of women and girls in the ict and digital fields; stresses the need to tackle the gender gap in the ict sector through education , awareness-raising campaigns and the promotion of the representation of women in the sector; ### 11. recalls that gender norms and stereotypes are at the core of gender discrimination and are one of the main barriers to the entry of women and girls in the ict and digital fields; stresses the need to tackle the gender gap in the ict sector through education , awareness-raising campaigns and the promotion of the representation of women in the sector;


### 13. recalls that the council is to urgently conclude the union’s ratification of the council of europe convention on preventing and combating violence against women and domestic violence (the ‘istanbul convention’) on the basis of a broad accession without any limitations , and to advocate for its ratification , swift and proper implementation , and enforcement by all member states; underlines that the istanbul convention is the most comprehensive international treaty addressing the root causes of gender-based violence in all its forms; highlights that this call does not detract from the call to adopt a union legal act on combating gender-based violence but , rather , complements it; ### 13. calls on the council is to urgently conclude the union’s ratification of the council of europe convention on preventing and combating violence against women and domestic violence (the ‘istanbul convention’) on the basis of a broad accession without any limitations , and to advocate for its ratification , swift and proper implementation , and enforcement by all member states; underlines that the istanbul convention is the most comprehensive international treaty addressing the root causes of gender-based violence in all its forms and should be understood as a minimum standard; highlights that this call does not detract from the call to adopt a union legal act on combating gender-based violence but , rather , complements it , recalls that new legislative measures should in any case be coherent with the rights and obligations set by the istanbul convention and should be complementary to its ratification.


### 14. strongly reaffirms its commitment , as it has previously expressed , to tackle gender-based violence and to the need to have a comprehensive directive covering all its forms as the best way to put an end to gender-based violence; ### 14. strongly reaffirms its commitment , as it has previously expressed , to tackle gender-based violence , reiterates its call for a comprehensive directive covering all its forms as the best way to put an end to gender-based violence;


### 15. asks the council to activate the passerelle clause by adopting a decision identifying gender-based violence as an area of particularly serious crime with a cross-border dimension pursuant to article 83(1) , third subparagraph , of the treaty on the functioning of the european union (tfeu); ### 15. calls on the council to activate the passerelle clause by adopting a decision identifying gender-based violence as an area of particularly serious crime with a cross-border dimension pursuant to article 83(1) , third subparagraph , of the treaty on the functioning of the european union (tfeu);


### the scope should cover any form of gender-based violence committed , assisted or aggravated in part or fully by the use of ict , such as mobile phones and smartphones , the internet , social media platforms or email , against a woman because she is a woman , or affects women disproportionately. ### the scope should cover any form of gender-based violence committed , assisted or aggravated in part or fully by the use of ict , such as mobile phones and smartphones , the internet , social media platforms or email , against a woman because she is a woman , or affects women disproportionately. the scope should encompass gender-based violence against lgbtiq persons , who are targeted because of their gender , gender identity , gender expression or sex characteristics.


### the scope should cover any form of gender-based violence committed , assisted or aggravated in part or fully by the use of ict , such as mobile phones and smartphones , the internet , social media platforms or email , against a woman because she is a woman , or affects women disproportionately. ### the scope should cover all forms of gender-based violence committed , assisted or aggravated in part or fully by the use of ict , such as mobile phones and smartphones , the internet , social media platforms or email , against women because of their gender.


### - cyber harassment (including: cyberbullying , unsolicited receiving of sexually explicit material , mobbing); ### - cyber harassment (including: cyberbullying , online sexual harassment , unsolicited receiving of sexually explicit material , mobbing);


### - ict-related violations of privacy (including the accessing , sharing and manipulation of private data or images , including intimate data without consent , image-based sexual abuse and non-consensual disclosure of sexual images , doxxing , identity theft); ### - ict-related violations of privacy (including the accessing , sharing and manipulation of private data or images , including intimate data without consent , image-based sexual abuse and non-consensual disclosure of sexual images , doxxing , dead-naming , identity theft);


### - threats (including direct threats and threats of violence , extortion , sextortion , blackmail); ### - threats (including direct threats and threats of violence , extortion , sextortion , blackmail) directed at the victim , their children or relatives as well as other persons affected by second order violence;


### - sexist hate speech (including: posting and sharing violent content , use of sexist or gendered comments and insults , abusing women for expressing their own views and for turning away sexual advances); ### - sexist , transphobic or interphobic hate speech (including: posting and sharing violent content , use of sexist or gendered comments and insults , abusing women for expressing their own views and for turning away sexual advances , inciting to hatred against individuals on grounds of their gender identity , expression or sex characteristics);


### - unlawful access to mobile , email , instant messaging messages or social media accounts; ### - "real-world attacks" (cyber violence having repercussions in “real life”) , hacking and unlawful access to mobile , email , instant messaging messages or social media accounts;


### - direct violence. ### - direct violence , including trafficking of women using technological means such as recruitment , luring women into prostitution and sharing stolen graphical content to advertise for prostitution , sexualised extortion (sextortion) and identity theft , as well as online grooming in order to bring the child into sexual abuse or child-trafficking situations;


### member states should implement a series of measures in order to prevent gender-based cyberviolence: ### member states should implement a series of measures in order to prevent gender-based cyberviolence , having an intersectional approach:


### - awareness-raising and educational programmes involving all relevant actors and stakeholders to address the root causes of gender-based cyberviolence , within the general context of gender-based violence in order to bring about changes in social and cultural attitudes and remove gender stereotypes , while promoting responsible behaviour on social media and increasing literacy about the safe use of the internet; ### - awareness-raising and educational programmes , including programmes addressed to boys and men , as well as campaigns involving all relevant actors and stakeholders to address the root causes of gender-based cyberviolence , within the general context of gender-based violence in order to bring about changes in social and cultural attitudes and remove gender stereotypes , while promoting responsible behaviour on social media and increasing literacy about the safe use of the internet;


### - awareness-raising and educational programmes involving all relevant actors and stakeholders to address the root causes of gender-based cyberviolence , within the general context of gender-based violence in order to bring about changes in social and cultural attitudes and remove gender stereotypes , while promoting responsible behaviour on social media and increasing literacy about the safe use of the internet; ### - awareness-raising and educational programmes involving all relevant actors and stakeholders to address the root causes of gender-based cyberviolence , within the general context of gender-based violence in order to bring about changes in social and cultural attitudes and remove gender norms and stereotypes , while promoting responsible behaviour on social media and increasing literacy about the safe use of the internet;


### - aggravating circumstances , depending on the profile of the women and girl victims (exploiting specific characteristics , vulnerabilities of women and girls online); ### - aggravating circumstances , depending on the profile of the women , girls and lgbti victims (exploiting specific characteristics , vulnerabilities of women , girls and lgbti persons online);


### the commission and member states should collect and publish disaggregated and comparable data on gender-based cyberviolence , in particular on the different forms of gender-based cyberviolence , not only based on law enforcement reports but also on women’s experiences. ### the commission and member states should collect and publish disaggregated and comparable data on gender-based cyberviolence , in particular on the different forms of gender-based cyberviolence , not only based on law enforcement reports but also on the experiences of women and lgbti persons.


### — having regard to the international labour organization (ilo) conventions and recommendations , and in particular c189 domestic workers convention of 2011 , ### — having regard to the international labour organization (ilo) conventions and recommendations , and in particular c189 domestic workers convention of 2011 and c190 on violence and harassment ,


### a. whereas the epsr action plan sets out concrete initiatives for the implementation of principles that are essential for building a stronger social europe for just transitions and recovery; ### a. whereas social rights are part of human rights and constitutional rights; whereas the epsr action plan sets out concrete initiatives for the implementation of principles that are essential for building a stronger social europe for just transitions and recovery , such as gender equality , equal opportunities , work-life balance , childcare and support to children , inclusion of persons with disabilities and long-term care;


### a. whereas the epsr action plan sets out concrete initiatives for the implementation of principles that are essential for building a stronger social europe for just transitions and recovery; ### a. whereas the epsr action plan sets out concrete initiatives for the implementation of principles that are essential for building a stronger social europe for just transitions and recovery; whereas expanding the care workforce will be a prerequisite for the implementation of these initiatives , including those pertaining to the principle 18 in the european pillar of social rights;


### b. whereas care encompasses services to address the physical , psychological and social needs of dependents , as well as support to guarantee the equal exercise of rights , dignity , autonomy , inclusion and well-being for all members of society; ### b. whereas care encompasses services to address the physical , psychological and social needs of dependents , as well as support to guarantee the equal exercise of rights , dignity , autonomy , inclusion and well-being for all members of society; whereas care , support to the vulnerable individuals and groups and their empowerment , do not only present an individual right but a direct tangible contribution to social and economic well-being in the member states and in the union;


### b. whereas care encompasses services to address the physical , psychological and social needs of dependents , as well as support to guarantee the equal exercise of rights , dignity , autonomy , inclusion and well-being for all members of society; ### b. whereas care encompasses all services to support autonomy and independence of persons in need for care , and by supporting their physical , psychological , social , personal and household needs guarantees the equal exercise of the rights , dignity , inclusion and well-being of all members of society;


### c. whereas the stigma surrounding dependence and the need for care and support intersects with other grounds of discrimination; ### c. whereas the stigma surrounding dependence and the need for care and support intersects with other grounds of discrimination , above all gender and sexual orientation , age , disability , nationality , ethnicity , as well as economic , social , migrant and other disadvantaged backgrounds;


### c. whereas the stigma surrounding dependence and the need for care and support intersects with other grounds of discrimination; ### c. whereas despite the fact that throughout the life course , each individual at least once assumes the roles of a carer and of a care receiver , there is stigma surrounding dependence and the need for care and support intersects with other grounds of discrimination;


### c. whereas the stigma surrounding dependence and the need for care and support intersects with other grounds of discrimination; ### c. whereas stereotypes surrounding women being better care givers as well as stigma surrounding interdependence and the need for care and support intersects with other grounds of discrimination;


### d. whereas there is a lack of quality , accessible and affordable care in nearly all member states; whereas the monitoring of care is hampered by the lack of disaggregated data and the lack of quality indicators; ### d. whereas there is a lack of quality , accessible and affordable care services in nearly all member states; whereas the monitoring of formal and informal care is hampered by the lack of data , including gender-disaggregated data , and the lack of quality indicators;


### d. whereas there is a lack of quality , accessible and affordable care in nearly all member states; whereas the monitoring of care is hampered by the lack of disaggregated data and the lack of quality indicators; ### d. whereas there is a lack of quality , accessible and affordable care in nearly all member states; whereas the monitoring of care is hampered by the lack of disaggregated data and the lack of quality indicators , and the high percentage of undeclared work;


### e. whereas the covid-19 pandemic has exacerbated the existing challenges in terms of access to formal care services; ### e. whereas the covid-19 pandemic has exacerbated the existing challenges in terms of access to formal care services , contributing to a halt in the life expectancy and healthy life years , resulting in the unmet healthcare needs , increased feeling of loneliness and isolation , deteriorated mental health and general well-being of people of all generations across the eu , particularly in the member states with lower pre-pandemic levels of investment in care1a; whereas the long-term effects of covid-19 pandemic for health and well-being of individuals as well as its social and economic consequences are yet to be fully assessed and mainstreamed in the relevant policy areas;


### e. whereas the covid-19 pandemic has exacerbated the existing challenges in terms of access to formal care services; ### e. whereas the covid-19 pandemic made visible and exacerbated the pre-existing challenges in terms of access to both formal and informal care services;


### f. whereas the provision of quality care depends on the existence of a sufficiently large and well-trained workforce , the creation of decent working conditions and integrated services , and adequate funding; ### f. whereas the provision of quality care depends on the existence of a sufficiently large and well-trained workforce , the creation of decent working conditions , adequate pay to ensure decent living conditions for workers and their families and integrated services , and adequate funding;


### f. whereas the provision of quality care depends on the existence of a sufficiently large and well-trained workforce , the creation of decent working conditions and integrated services , and adequate funding; ### f. whereas the provision of quality care depends on the existence of a sufficiently large and well-trained workforce , the creation of decent working conditions through social dialogue and collective bargaining , fair wages , as well as integrated services and adequate funding;


### f. whereas the provision of quality care depends on the existence of a sufficiently large and well-trained workforce , the creation of decent working conditions and integrated services , and adequate funding; ### f. whereas the provision of quality care depends on a sufficiently large , well-trained and motivated workforce , the establishment of decent working conditions , social dialogue and the right to collective bargaining , fair pay , integrated services , and adequate funding;


### g. whereas the structures of care need to be changed from centralised institutions to community-based care; whereas that shift has been too slow; ### g. whereas there is a lack of care services that are tailored to individual’s needs and preferences; whereas this requires structures of care to be changed from centralised institutions to community-based care; whereas that shift has been too slow;


### g. whereas the structures of care need to be changed from centralised institutions to community-based care; whereas that shift has been too slow; ### g. whereas the structures of care need to be changed from centralised institutions to community-based care and whereas that shift has been too slow; whereas families should be deemed to be employers;


### g. whereas the structures of care need to be changed from centralised institutions to community-based care; whereas that shift has been too slow; ### g. whereas the structures of care need to be changed from centralised institutions to home- and community-based care; whereas that shift has been too slow;


### h. whereas the undervaluation and invisibility of care work are closely linked with the fact that women dominate in the care sector; ### h. whereas the undervaluation and invisibility of care and domestic work are closely linked with the fact that women dominate in the care sector , thus increasing female horizontal segregation and helping to increase the gender gap both during working life and in retirement; whereas the perpetuation of this situation has social and economic consequences and affects women’s independence at all stages of their lives;


### h. whereas the undervaluation and invisibility of care work are closely linked with the fact that women dominate in the care sector; ### h. whereas care remains undervalued , receives little recognition , insufficient and often no financial compensation for the carers; whereas the undervaluation and invisibility of care work are closely linked with the fact that women dominate in the care sector , representing 76 % of 49 million documented care workers in the eu1a , and the same time remain the main caregivers in the households;


### h. whereas the undervaluation and invisibility of care work are closely linked with the fact that women dominate in the care sector; ### h. whereas the undervaluation in terms of pay and working conditions as well as the invisibility of care work are closely linked with a vicious circle of “double devaluation” , where care is relegated to the most disempowered groups of society , mainly women , because of its lack of value and , in turn , the activity of care becomes devalued because it is carried out by the most disempowered groups;


### h. whereas the undervaluation and invisibility of care work are closely linked with the fact that women dominate in the care sector; ### h. whereas the undervaluation and invisibility of care work are closely linked with the fact that women dominate in the care sector , as well as the fact that homecare and other personal and household services are provided behind closed doors;


### h. whereas the undervaluation and invisibility of care work are closely linked with the fact that women dominate in the care sector; ### h. whereas the undervaluation and invisibility of care work are closely linked with the fact that women and migrants – both eu and non-eu citizens - dominate in the care sector;


### 1. notes that it is vital to ensure quality care across the life course; underlines the importance of the accessibility , availability and affordability of care , and that all users and their carers should have a genuine choice when it comes to care services; ### 1. notes that it is vital to ensure quality care across the life course; underlines the importance of the accessibility , availability and affordability of care , and that all users and their carers should have a genuine choice when it comes to care services; is concerned about citizens’ reports that whether and what type of care and support services they will use is currently principally dependent on structural limitations , especially financial constraints;


### 1. notes that it is vital to ensure quality care across the life course; underlines the importance of the accessibility , availability and affordability of care , and that all users and their carers should have a genuine choice when it comes to care services; ### 1. notes that it is vital to ensure quality care across the life course; underlines the importance of the quality , accessibility , availability and affordability of care , and that all users and their carers should have a genuine choice when it comes to care services;


### 2. stresses the importance of an integrated approach to common european action on care that pays equal attention to people’s physical , psychological and social needs; ### 2. stresses the importance of an integrated approach to common european action on care that pays equal attention to people’s physical , psychological and social needs , paving the way for better links between health and social systems as well as between formal and informal care; underlines the necessity of developing an inclusive european care strategy that focuses on vulnerable groups of individuals and contributes to social fairness; is convinced that alongside horizontal , sectoral integration , there is a need for a better coordination of local , regional and national care policies;


### 2. stresses the importance of an integrated approach to common european action on care that pays equal attention to people’s physical , psychological and social needs; ### 2. calls for an integrated , holistic , gender-sensitive and life-long approach to common european action on care that ensures a transition towards a care economy , which acknowledges the social and economic contribution of care to our society and pays equal attention to people’s physical , psychological and social needs and rights;


### 2. stresses the importance of an integrated approach to common european action on care that pays equal attention to people’s physical , psychological and social needs; ### 2. stresses the importance of an integrated approach to common european action on care that pays equal attention to people’s physical , psychological and social , personal and household needs;


### 2. stresses the importance of an integrated approach to common european action on care that pays equal attention to people’s physical , psychological and social needs; ### 2. stresses the importance of an integrated approach to common european action on care that pays equal attention to people’s physical , psychological , social and economic needs;


### 3. highlights the need to increase funding for both formal and informal care across the eu to guarantee equal access for dependants to affordable quality care services , as well as an active professional life for carers , and therefore calls on the member states to make the best use of the european structural and investment funds , including the esf+ , as well as the recovery and resilience facility , for investing in care; ### 3. highlights the need to increase funding for both formal and informal care across the eu to guarantee equal access for dependants to affordable quality care services , as well as an active professional life for carers , and therefore calls on the member states to make the best use of the european structural and investment funds , including the esf+ , as well as the recovery and resilience facility , for investing in care and thereby accelerate its recovery from the negative effects of the austerity measures , privatisation of care and the pandemic , measuring up to and creating synergies with the standards set for investment in digital and green transformation , with gender equality and inclusion of persons from vulnerable groups as the guiding principles; calls on the commission to develop guidelines and recommendations for member states in this sense;


### 3. highlights the need to increase funding for both formal and informal care across the eu to guarantee equal access for dependants to affordable quality care services , as well as an active professional life for carers , and therefore calls on the member states to make the best use of the european structural and investment funds , including the esf+ , as well as the recovery and resilience facility , for investing in care; ### 3. highlights the need to increase funding for both formal and informal care across the eu to guarantee equal access for dependants to affordable quality care services , as well as carer’s opportunity to earn fair wages and develop a career in the sector through skills certification and validation , and therefore calls on the member states to make the best use of the european structural and investment funds , including the esf+ , as well as the recovery and resilience facility , for investing in care;


### 3. highlights the need to increase funding for both formal and informal care across the eu to guarantee equal access for dependants to affordable quality care services , as well as an active professional life for carers , and therefore calls on the member states to make the best use of the european structural and investment funds , including the esf+ , as well as the recovery and resilience facility , for investing in care; ### 3. highlights the need to increase public funding for both formal and informal care across the eu to guarantee equal access for dependants to affordable , adequately staffed , quality care services , as well as an active professional life for carers , and therefore calls on the member states to make the best use of the european structural and investment funds , including the esf+ , as well as the recovery and resilience facility , for investing in care;


### 4. emphasises that a substantial proportion of care models , services and facilities are outdated and that care recipients should be placed at the centre of care plans; ### 4. emphasises that a substantial proportion of care models , services and facilities are outdated and that care recipients , as well as families acting as employers , should be placed at the centre of care plans , in order to ensure quality care for recipients and decent working conditions , adequate remuneration , professional training and attractive careers for all workers;


### 4. emphasises that a substantial proportion of care models , services and facilities are outdated and that care recipients should be placed at the centre of care plans; ### 4. emphasises that a substantial proportion of care models , services and facilities are outdated as they put the needs of care providers , rather than the rights of persons in need for care in focus and that persons in need for care should be placed at the centre of care plans;


### 5. calls on the member states to exchange information and best practices with a view to developing a common european quality framework for care , encompassing all care settings , encouraging upward social convergence and guaranteeing equal rights for all citizens; ### 5. calls on the member states to exchange information and best practices with a view to developing a common european quality framework for formal and informal care , encompassing all care settings , encouraging upward social convergence and guaranteeing equal rights for all citizens; calls for the commission to support member states in improving their data collection infrastructures in line with this quality framework;


### 19. notes that between 40 and 50 million people in the eu provide informal care on a regular basis; notes that this work tends to be long term and can hinder formal labour market participation , resulting in a loss of income and aggravating the gender pension gap; ### 19. notes that between 40 and 50 million people in the eu provide informal care on a regular basis; notes that this work tends to be long term and can hinder formal labour market participation , particularly by women , having a negative impact on women’s financial independence in particular , with dependent children , giving rise to a resulting loss of income and aggravating the gender pension gap;


### 19. notes that between 40 and 50 million people in the eu provide informal care on a regular basis; notes that this work tends to be long term and can hinder formal labour market participation , resulting in a loss of income and aggravating the gender pension gap; ### 19. notes that between 40 and 50 million people in the eu provide informal care on a regular basis; notes that this work tends to be long term and can hinder or rule out formal labour market participation , resulting in a loss of income and aggravating the gender pay and pension gaps , which contributes to the feminisation of poverty , as the majority of informal carers are women;


### (42) member states should provide for effective , proportionate and dissuasive penalties in the event of infringements of national provisions adopted pursuant to this directive or national provisions that are already in force on the date of entry into force of this directive and that relate to the right to equal pay between men and women for the same work or work of equal value. such penalties should include fines , which should be set at a minimum level having due regard to the gravity and duration of the infringement , to any possible intent to discriminate or serious negligence , and to any other aggravating or mitigating factors that may apply in the circumstances of the case , for instance , where pay discrimination based on sex intersects with other grounds of discrimination. member states should consider allocating amounts recovered as fines to the equality bodies for the purpose of effectively carrying out their functions in regard to the enforcement of the right to equal pay , including to bring pay discrimination claims or assist and support victims in bringing such claims. ### (42) member states should provide for effective , proportionate and dissuasive penalties in the event of infringements of national provisions adopted pursuant to this directive or national provisions that are already in force on the date of entry into force of this directive and that relate to the right to equal pay between men and women for the same work or work of equal value. such penalties should include fines , which should be set at a minimum level having due regard to the gravity and duration of the infringement , to any possible intent to discriminate or serious negligence , and to any other aggravating or mitigating factors that may apply in the circumstances of the case , for instance , where pay discrimination based on sex intersects with other grounds of discrimination. member states should consider allocating amounts recovered as fines to the equality bodies and monitoring bodies as set out by the directive for the purpose of effectively carrying out their functions in regard to the enforcement of the right to equal pay , including to bring pay discrimination claims or assist and support victims in bringing such claims.


### (48) in order to ensure proper monitoring of the implementation of the right to equal pay between men and women for the same work or work of equal value , member states should set up or designate a dedicated monitoring body. this body , which may be part of an existing body pursuing similar objectives , should have specific tasks in relation to the implementation of the pay transparency measures foreseen in this directive and gather certain data to monitor pay inequalities and the impact of the pay transparency measures. ### (48) in order to ensure proper monitoring of the implementation of the right to equal pay between men and women for the same work or work of equal value , member states should set up or designate a dedicated monitoring body. this body , which may be part of an existing body pursuing similar objectives , should have specific tasks in relation to the implementation and enforcement of the pay transparency measures foreseen in this directive and gather certain data to monitor pay inequalities and the impact of the pay transparency measures.


### (52) in implementing this directive member states should avoid imposing administrative , financial and legal constraints in a way which would hold back the creation and development of micro , small and medium-sized enterprises. member states are therefore invited to assess the impact of their transposition act , on small and medium-sized enterprises in order to ensure that they are not disproportionately affected , giving specific attention to micro-enterprises , to alleviate the administrative burden , and to publish the results of such assessments. ### (52) in implementing this directive member states should avoid imposing administrative , financial and legal constraints in a way which would hold back the creation and development of micro , small and medium-sized enterprises. member states are therefore invited to assess the impact of their transposition act , on micro- , small and medium-sized enterprises in order to ensure it has been correctly applied and to verify that they are not disproportionately affected , giving specific attention to micro-enterprises , to alleviate the administrative burden , and to publish the results of such assessments.


### this directive lays down minimum requirements to strengthen the application of the principle of equal pay between men and women for equal work or work of equal value enshrined in article 157 tfeu and the prohibition of discrimination laid down in article 4 of directive 2006/54/ec , in particular through pay transparency and reinforced enforcement mechanisms. ### this directive lays down minimum requirements to strengthen the application of the principle of equal pay between men and women for equal work or work of equal value enshrined in article 157 tfeu and the prohibition of discrimination on the grounds of sex laid down in article 4 of directive 2006/54/ec , in particular through pay transparency and reinforced enforcement mechanisms.


### 2. this directive applies to all workers who have an employment contract or employment relationship as defined by law , collective agreements and/or practice in force in each member state with consideration to the case-law of the court of justice. ### 2. this directive applies to all workers who have an employment contract or employment relationship as defined by law , collective agreements and/or practice in force in each member state , including directly and indirectly employed workers especially those employed via a temporary agency as defined in directive 2008/104 or platform as well as atypical forms such as zero-hour contracts , sheltered/accompanied work contracts and part-time workers , with consideration to the case-law of the court of justice.


### 2. this directive applies to all workers who have an employment contract or employment relationship as defined by law , collective agreements and/or practice in force in each member state with consideration to the case-law of the court of justice. ### 2. this directive applies to all workers who have an employment contract or employment relationship as defined by law , collective agreements and/or practice in force in each member state , including part-time workers , workers on fixed-term contracts and persons with a contract of employment or with an employment relationship with a temporary agency , with consideration to the case-law of the court of justice.


### category of workers: means workers performing the same work or work of equal value grouped by the workers’ employer based on criteria as laid down in article 4 of this directive and specified by the employer concerned; ### category of workers: means workers performing the same work or work of equal value based on criteria as laid down in article 4 of this directive;


### ‘category of workers’ means workers performing the same work or work of equal value grouped by the workers’ employer based on criteria as laid down in article 4 of this directive and specified by the employer concerned; ### ‘category of workers’ means workers performing the same work or work of equal value grouped by the workers’ employer based on criteria as laid down in article 4 of this directive and specified by the employer concerned in consultation with workers representatives.


### ‘indirect discrimination’ means the situation where an apparently neutral provision , criterion or practice would put persons of one sex at a particular disadvantage compared with persons of the other sex , unless that provision , criterion or practice is objectively justified by a legitimate aim , and the means of achieving that aim are appropriate and necessary; ### ‘indirect discrimination’ means the situation where an apparently neutral provision , criterion or practice would put persons of one sex at a particular disadvantage compared with persons of the other sex , unless that provision , criterion or practice is objectively justified by a legitimate aim in accordance with the criteria laid down in article 4 of this directive , and the means of achieving that aim are appropriate and necessary;


### harassment and sexual harassment , within the meaning of article 2(2) of directive 2006/54/ec , as well as any less favourable treatment based on a person's rejection of or submission to such conduct , when such harassment or treatment relates to or results from the exercise of the rights provided for in this directive; ### harassment and sexual harassment , within the meaning of article 1 (c) and article 2(2) of directive 2006/54/ec , as well as any less favourable treatment based on a person's rejection of or submission to such conduct , when such harassment or treatment relates to or results from the exercise of the rights provided for in this directive;


### 3. pay discrimination under this directive includes discrimination based on a combination of sex and any other ground or grounds of discrimination protected under directive 2000/43/ec or directive 2000/78/ec. ### 3. pay discrimination under this directive includes discrimination based on a combination of sex and/or any other ground or grounds of discrimination protected under directive 2000/43/ec or directive 2000/78/ec.


### 1. member states shall take the necessary measures to ensure that employers have pay structures in place ensuring that women and men are paid equally for the same work or work of equal value. ### 1. member states shall take the necessary measures after consulting with the social partners and equality bodies to ensure that employers have pay structures in place ensuring that workers are paid equally for the same work or work of equal value without discrimination based on the grounds of sex. member states may allow social partners to negotiate and conclude collective agreements to secure the enforcement of equal pay between women and men for equal work or work of equal value


### 1. member states shall take the necessary measures to ensure that employers have pay structures in place ensuring that women and men are paid equally for the same work or work of equal value. ### 1. member states , with the social partners , shall take the necessary measures to ensure that employers have pay structures in place ensuring that women and men are paid equally for the same work or work of equal value.


### 2. member states shall take the necessary measures ensuring that tools or methodologies are established to assess and compare the value of work in line with the criteria set out in this article. these tools or methodologies may include gender-neutral job evaluation and classification systems. ### 2. member states shall take the necessary measures ensuring that tools or methodologies are established and are easily accessible to workers and employers for the purpose of assessing and comparing the value of work in accordance with the criteria set out in this article. these tools or methodologies shall include gender-neutral job evaluation and classification systems. these tools or methodologies shall be established with the involvement of the social partners.


### 2. member states shall take the necessary measures ensuring that tools or methodologies are established to assess and compare the value of work in line with the criteria set out in this article. these tools or methodologies may include gender-neutral job evaluation and classification systems. ### 2. member states , with the social partners , shall take the necessary measures ensuring that tools or methodologies are established to assess and compare the value of work in line with the criteria set out in this article. these tools or methodologies may include gender-neutral job evaluation and classification systems.


### 3. the tools or methodologies shall allow assessing , in regard to the value of work , whether workers are in a comparable situation , on the basis of objective criteria which shall include educational , professional and training requirements , skills , effort and responsibility , work undertaken and the nature of the tasks involved. they shall not contain or be based on criteria which are based , whether directly or indirectly , on workers’ sex. ### 3. the tools or methodologies as referred to in paragraph 2 shall allow assessing , in regard to the value of work , whether workers are in a comparable situation , on the basis of objective and gender neutral criteria. those gender-neutral criteria shall be agreed with the social partners and shall include but not be limited to: formal and non-formal educational , professional and training requirements , skills , including the knowledge necessary to meet the requirements of a job , interpersonal skills and problem solving , effort , including mental , psycho-social and physical effort , responsibility , including for people , goods and equipment , information and financial resources , and working conditions including those relating to the working environment and the organisational environment. the tools or methodologies referred to in paragraph 2 shall not contain or be based on criteria which are based , whether directly or indirectly , on workers’ sex.


### 3. the tools or methodologies shall allow assessing , in regard to the value of work , whether workers are in a comparable situation , on the basis of objective criteria which shall include educational , professional and training requirements , skills , effort and responsibility , work undertaken and the nature of the tasks involved. they shall not contain or be based on criteria which are based , whether directly or indirectly , on workers’ sex. ### 3. the tools or methodologies shall allow assessing , in regard to the value of work , whether workers are in a comparable situation , on the basis of objective criteria which shall include educational , professional and training requirements , skills , effort and responsibility , work undertaken and the nature of the tasks involved. they shall not contain or be based on criteria which are based , whether directly or indirectly , on workers’ sex.


### 4. whenever differences in pay can be attributed to a single source establishing the pay conditions , the assessment whether workers are carrying out the same work or work of equal value shall not be limited to situations in which female and male workers work for the same employer but may be extended to that single source. the assessment shall also not be limited to workers employed at the same time as the worker concerned. where no real comparator can be established , a comparison with a hypothetical comparator or the use of other evidence allowing to presume alleged discrimination shall be permitted. ### 4. whenever differences in pay can be attributed to a single source establishing the pay conditions , the assessment whether workers are carrying out the same work or work of equal value shall not be limited to situations in which workers work for the same employer but may be extended to that single source and cross-sector comparisons based on the data collected by the monitoring body. the assessment shall also not be limited to workers employed at the same time as the worker concerned or to the same sector nor to workers in the same company. where no real comparator can be established , a comparison with a hypothetical comparator based on the objective and gender-neutral criteria as per article 4 paragraph 3 or the use of other evidence allowing to presume alleged discrimination shall be permitted. employers shall consult with workers representatives on the establishment of the comparator. the comparator shall facilitate cross-sector comparison.


### 4. whenever differences in pay can be attributed to a single source establishing the pay conditions , the assessment whether workers are carrying out the same work or work of equal value shall not be limited to situations in which female and male workers work for the same employer but may be extended to that single source. the assessment shall also not be limited to workers employed at the same time as the worker concerned. where no real comparator can be established , a comparison with a hypothetical comparator or the use of other evidence allowing to presume alleged discrimination shall be permitted. ### 4. whenever differences in pay can be attributed to a single source establishing the pay conditions , the assessment whether workers are carrying out the same work or work of equal value shall not be limited to situations in which female and male workers work for the same employer but may be extended to that single source. the assessment shall also not be limited to workers employed at the same time as the worker concerned. where no real comparator can be established , a comparison with a hypothetical comparator or the use of other evidence allowing to presume alleged discrimination shall be permitted , such as the use of the classification identified by the social partners in the relevant collective agreements , signed by the most representative organisations.


### 5. where a job evaluation and classification system is used for determining pay , it shall be based on the same criteria for both men and women and drawn up so as to exclude any discrimination on grounds of sex. ### 5. where a job evaluation and classification system is used for determining pay , it shall be based on the same criteria for all workers in all their diversity and drawn up so as to exclude any form of discrimination , especially on grounds of sex , and ensure that skills associated with female dominated jobs are valued. in this regard , member states shall ensure employers and social partners are provided with the necessary tools and guidance to introduce gender-neutral job evaluation and classification systems for determining pay.


### 1. applicants for employment shall have the right to receive from the prospective employer information about the initial pay level or its range , based on objective , gender-neutral criteria , to be attributed for the position concerned. such information shall be indicated in a published job vacancy notice or otherwise provided to the applicant prior to the job interview without the applicant having to request it. ### 1. applicants for employment shall receive automatically from the prospective employer information about the collective agreement applied by the company in relation to the job , where applicable , the initial pay level or its range as well as the average pay level of the job or of work of equal value for which the applicant applied , based on the also stated objective , gender-neutral criteria used to determine pay levels , to be attributed for the position concerned. such information shall be indicated in a published job vacancy notice or otherwise provided to the applicant prior to the job interview without the applicant having to request it.


### the employer shall make easily accessible to its workers a description of the criteria used to determine pay levels and career progression for workers. these criteria shall be gender-neutral. ### the employer shall make easily accessible to its workers and workers representatives a description of the criteria used to determine pay levels and career progression for workers. these criteria shall be gender-neutral.


### 1. workers shall have the right to receive information on their individual pay level and the average pay levels , broken down by sex , for categories of workers doing the same work as them or work of equal value to theirs , in accordance with paragraphs 3 and 4. ### 1. workers shall receive annually clear and complete information on the mean and median pay gap between all workers in the company as well as their individual pay level and the average pay levels , broken down by sex , for categories of workers doing the same work as them or work of equal value to theirs , in accordance with paragraphs 4 and 5. this shall include information on how pay levels were determined , including through an existing job evaluation and/or job classification scheme.


### 2. employers shall inform all workers , on an annual basis , of their right to receive the information referred to in paragraph 1. ### deleted


### 3. employers shall provide the information referred to in paragraph 1 within a reasonable period of time upon a worker’s request. the information shall be provided in accessible formats for workers with disabilities upon their request. ### 3. workers shall have the right to receive information as referred to in paragraph 1 whenever they request it. employers shall provide the information referred to in paragraph 1 within a reasonable period of time and at the latest 2 months upon a worker’s request. the information shall be provided in writing and the employer shall retain proof of transmission or receipt , in electronic form.


### 4. workers shall have the possibility to request the information referred to in paragraph 1 through their representatives or an equality body. ### 4. workers shall have the right to request the information referred to in paragraph 1 through the workers representatives or an equality body.


### 5. workers shall not be prevented from disclosing their pay for the purpose of enforcing the principle of equal pay between men and women for equal work or work of equal value. ### 5. workers shall under no circumstances be prevented from disclosing their pay inside and outside the company they are in employment relationship with. contractual terms and measures aiming at limiting or prohibiting workers from disclosing their pay or average pay levels , especially to their colleagues or trade union , shall be prohibited.


### 6. employers may require that any worker having obtained information pursuant to this article shall not use that information for any other purpose than to defend their right to equal pay for the same work or work of equal value and not disseminate the information otherwise. ### 6. workers having obtained information pursuant to this article may use that information for any purpose , especially to defend their right to equal pay for the same work or work of equal value. workers may share such information with their workers representatives and trade unions.


### 1. employers with at least 250 workers shall provide the following information concerning their organisation , in accordance with paragraphs 2 , 3 , and 5: ### 1. employers without exceptions shall provide to their workers the following information concerning their organisation , in accordance with paragraphs 2 , 3 , and 5:


### 1. employers with at least 250 workers shall provide the following information concerning their organisation , in accordance with paragraphs 2 , 3 , and 5: ### 1. employers with at least 10 workers shall provide the following information concerning their organisation , in accordance with paragraphs 2 , 3 , and 5:


### 1. employers with at least 250 workers shall provide the following information concerning their organisation , in accordance with paragraphs 2 , 3 , and 5: ### 1. employers shall provide the following information concerning their organisation , in accordance with paragraphs 2 , 3 , and 5:


### the pay gap between all female and male workers; ### the pay gap


### the pay gap between all female and male workers in complementary or variable components; ### the pay gap in complementary or variable components;


### the median pay gap between all female and male workers; ### the median pay gap


### the median pay gap between all female and male workers in complementary or variable components; ### the median pay gap in complementary or variable components;


### the proportion of female and male workers receiving complementary or variable components; ### the proportion of workers broken down by sex receiving complementary or variable components;


### the proportion of female and male workers in each quartile pay band; ### the proportion of workers broken down by sex in each quartile pay band;


### the pay gap between female and male workers by categories of workers broken down by ordinary basic salary and complementary or variable components. ### the pay gap by categories of workers broken down by ordinary basic salary and complementary or variable components.


### 2. the accuracy of the information shall be confirmed by the employer’s management. ### 2. the accuracy of the information shall be confirmed by the employer’s management and workers’ representatives. employers shall establish in consultation with workers’ representatives on the methods used to calculate the pay gap , median pay gap and average pay levels.


### 3. the employer shall publish the information referred to in paragraph 1 , points (a) to (f) on an annual basis in a user-friendly way on its website or shall otherwise make it publicly available. the information from the previous four years , if available , shall also be accessible upon request. in addition , the employer shall share this information with the monitoring body referred to in paragraph 6. ### 3. the employer shall publish the information referred to in paragraph 1 , points (a) to (h) in a user-friendly way on its website or shall be made publicly available by the employer. the information referred to in paragraph 1 shall be accessible to persons with disabilities in accordance with directive (eu) 2019/882 of the european parliament and of the council. employers shall include that information in their management report where they are required to draw up such a report pursuant to directive 2013/34/eu. the information from the previous four years , if available , shall also be accessible upon request. in addition , the employer shall share this information with the monitoring body referred to in paragraph 6.


### 4. member states may decide to compile the information set out in paragraph 1 , points (a) to (f) themselves , on the basis of administrative data such as data provided by employers to the tax or social security authorities. this information shall be made public in accordance with paragraph 6. ### 4. member states may decide to compile the information set out in paragraph 1 , points (a) to (h) themselves , on the basis of administrative data such as data provided by employers to the tax or social security authorities. this information shall be made public in accordance with paragraph 6.


### 4. member states may decide to compile the information set out in paragraph 1 , points (a) to (f) themselves , on the basis of administrative data such as data provided by employers to the tax or social security authorities. this information shall be made public in accordance with paragraph 6. ### 4. member states , with the support of the social partners , may decide to compile the information set out in paragraph 1 , points (a) to (f) themselves , on the basis of administrative data such as data provided by employers to the tax or social security authorities. this information shall be made public in accordance with paragraph 6.


### 5. the employer shall provide the information referred to in paragraph 1 , point (g) to all workers and their representatives , as well as to the monitoring body referred to in paragraph 6. it shall provide it to the labour inspectorate and the equality body upon their request. the information from the previous four years , if available , shall also be provided upon request. ### 5. employers shall provide the information referred to in paragraph 1 , point (a) to (h) to all workers and to the workers representatives , as well as to the monitoring body referred to in paragraph 6. employers shall provide this information to the trade unions , the labour inspectorate and the equality body upon their request. the information from the previous four years , if available , shall also be provided upon request.


### 5. the employer shall provide the information referred to in paragraph 1 , point (g) to all workers and their representatives , as well as to the monitoring body referred to in paragraph 6. it shall provide it to the labour inspectorate and the equality body upon their request. the information from the previous four years , if available , shall also be provided upon request. ### 5. the employer shall provide the information referred to in paragraph 1 , point (g) to all workers and their union representatives , as well as to the monitoring body referred to in paragraph 6. it shall provide it to the labour inspectorate and the equality body upon their request. the information from the previous four years , if available , shall also be provided upon request.


### 6. member states shall entrust the monitoring body designated pursuant to article 26 to collect the data received from employers pursuant to paragraph 1 , points (a) to (f) and to ensure that this data is public and allows a comparison between employers , sectors and regions of the member state concerned in a user-friendly way. ### 6. member states shall entrust the monitoring body designated pursuant to article 26 to collect the data received from employers pursuant to paragraph 1 , points (a) to (h) and to ensure that this data is public and allows a comparison between employers , sectors and regions of the member state concerned in a user-friendly way.


### 7. workers and their representatives , labour inspectorates and equality bodies shall have the right to ask the employer for additional clarifications and details regarding any of the data provided , including explanations concerning any gender pay differences. the employer shall respond to such request within a reasonable time by providing a substantiated reply. where gender pay differences are not justified by objective and gender-neutral factors , the employer shall remedy the situation in close cooperation with the workers’ representatives , the labour inspectorate and/or the equality body. ### 7. workers and their union representatives , labour inspectorates and equality bodies shall have the right to ask the employer for additional clarifications and details regarding any of the data provided , including explanations concerning any gender pay differences. the employer shall respond to such request within a reasonable time by providing a substantiated reply. where gender pay differences are not justified by objective and gender-neutral factors , the employer shall remedy the situation in close cooperation with the workers’ unions , the labour inspectorate and/or the equality body.


### 1. member states shall take appropriate measures to ensure that employers with at least 250 workers conduct , in cooperation with their workers’ representatives , a joint pay assessment where both of the following conditions are met: ### 1. member states shall take appropriate measures to ensure that employers conduct , in cooperation with workers’ representatives , a joint pay assessment.


### 1. member states shall take appropriate measures to ensure that employers with at least 250 workers conduct , in cooperation with their workers’ representatives , a joint pay assessment where both of the following conditions are met: ### 1. member states shall take appropriate measures to ensure that employers without exceptions conduct , in cooperation with workers’ representatives , a joint pay assessment


### 1. member states shall take appropriate measures to ensure that employers with at least 250 workers conduct , in cooperation with their workers’ representatives , a joint pay assessment where both of the following conditions are met: ### 1. member states shall take appropriate measures to ensure that employers with at least 10 workers conduct , in cooperation with workers’ unions , a joint pay assessment where both of the following conditions are met:


### the pay reporting conducted in accordance with article 8 demonstrates a difference of average pay level between female and male workers of at least 5 per cent in any category of workers; ### deleted


### the pay reporting conducted in accordance with article 8 demonstrates a difference of average pay level between female and male workers of at least 5 per cent in any category of workers; ### the pay reporting conducted in accordance with article 8 demonstrates a difference of average pay level between female and male workers of at least 2 per cent in any category of workers;


### the employer has not justified such difference in average pay level by objective and gender-neutral factors. ### deleted


### an analysis of the proportion of female and male workers in each category of workers; ### an analysis of the proportion of workers broken down by sex in each category of workers;


### detailed information on average female and male workers’ pay levels and complementary or variable components for each category of workers; ### detailed information on average workers’ pay levels broken down by sex and complementary or variable components by each category of workers;


### identification of any differences in pay levels between female and male workers in each category of workers; ### identification of any differences in pay levels between workers broken down by sex in each category of workers;


### the reasons for such differences in pay levels and objective , gender-neutral justifications , if any , as established jointly by workers’ representatives and the employer; ### the reasons for such differences in pay levels and objective , gender-neutral justifications , if any , as established jointly by workers’ unions and the employer;


### measures to address such differences if they are not justified on the basis of objective and gender-neutral criteria; ### measures as a gender action plan to address such differences if they are not justified on the basis of objective and gender-neutral criteria; the company board , where applicable , has to adopt these measures and address the pay gap until the next pay assessment according to art 8 (1’). in case of failure to act or insufficient action , the board can be fined for not fulfilling its duties.


### a report on the effectiveness of any measures mentioned in previous joint pay assessments. ### a monitoring report on the effectiveness of any measures mentioned in previous joint pay assessments , the gender action plan included. in case the evaluation shows an insufficiency in the measures adopted , especially if the pay gap does not decrease within the time until the next pay assessment according to art 8 (1’) ,these need to be adapted in accordance with the provisions set out under this article. employers and workers’ representatives , shall jointly draw up and agree on the gender action plan referred to in point (e) of the first subparagraph with concrete measures and goals to close the gender pay gap. where possible , the gender action plan shall be drawn up in cooperation with the equality body. this may include examining the causes of the pay gap from recruitment , promotion , occupational segregation , flexibility and care responsibilities and measures to address the gender gaps. where applicable , the gender action plan shall be included in the management report drawn up pursuant to directive 2013/34/eu.


### 3. employers shall make the joint pay assessments available to workers , workers’ representatives , the monitoring body designated pursuant to article 26 , the equality body and the labour inspectorate. ### 3. employers shall make the joint pay assessments available in easily accessible formats to all workers , persons with disabilities included; workers’ representatives , the monitoring body designated pursuant to article 26 , the equality body and the labour inspectorate.


### 3. employers shall make the joint pay assessments available to workers , workers’ representatives , the monitoring body designated pursuant to article 26 , the equality body and the labour inspectorate. ### 3. employers shall make the joint pay assessments available to workers , workers’ unions , the monitoring body designated pursuant to article 26 , the equality body and the labour inspectorate.


### 4. if the joint pay assessment reveals differences in average pay for equal work or work of equal value between female and male workers which cannot be justified by objective and gender-neutral criteria , the employer shall remedy the situation , in close cooperation with the workers’ representatives , labour inspectorate , and/or equality body. such action shall include the establishment of gender-neutral job evaluation and classification to ensure that any direct or indirect pay discrimination on grounds of sex is excluded. ### 4. if the joint pay assessment reveals differences in average pay for equal work or work of equal value between workers broken down by sex which cannot be justified by objective and gender-neutral criteria , the employer shall remedy the situation , in close cooperation with the workers’ representatives , labour inspectorate , and/or equality body. such action shall include the establishment of gender-neutral job evaluation and classification to ensure that any direct or indirect pay discrimination on grounds of sex is excluded.


### 4. if the joint pay assessment reveals differences in average pay for equal work or work of equal value between female and male workers which cannot be justified by objective and gender-neutral criteria , the employer shall remedy the situation , in close cooperation with the workers’ representatives , labour inspectorate , and/or equality body. such action shall include the establishment of gender-neutral job evaluation and classification to ensure that any direct or indirect pay discrimination on grounds of sex is excluded. ### 4. if the joint pay assessment reveals differences in average pay for equal work or work of equal value between female and male workers which cannot be justified by objective and gender-neutral criteria , the employer shall remedy the situation , in close cooperation with the workers’ unions , labour inspectorate , and/or equality body. such action shall include the establishment of gender-neutral job evaluation and classification to ensure that any direct or indirect pay discrimination on grounds of sex is excluded.


### 1. to the extent that any information provided pursuant to measures taken under articles 7 , 8 , and 9 involves the processing of personal data , it shall be provided in accordance with regulation (eu) 2016/679. ### 1. to the extent that any information provided pursuant to measures taken under articles 7 , 8 , and 9 involves the processing of personal data , it shall be provided in accordance with regulation (eu) 2016/679. compliance with this regulation shall not be used as a reason to deny any information necessary for the enforcement of rights and obligations related to the principle of equal treatment in terms of pay for workers performing an equal work or a work of equal value nor should workers be restricted in their right according to art 7 of this directive to disclose pay , especially not if it comes to sharing their pay levels with workers’ representatives.


### 3. member states may decide that , where the disclosure of information pursuant to articles 7 , 8 and 9 would lead to the disclosure , either directly or indirectly , of the pay of an identifiable co-worker , only the workers’ representatives or the equality body shall have access to that information. the representatives or equality body shall advise workers regarding a possible claim under this directive without disclosing actual pay levels of individual workers doing the same work or work of equal value. the monitoring body referred to in article 26 shall have access to the information without restriction. ### 3. member states may decide that , where the disclosure of information pursuant to articles 7 , 8 and 9 would lead to the disclosure , either directly or indirectly , of the pay of an identifiable co-worker , only the workers’ representatives or the equality body shall have access to that information. the representatives or equality body shall advise workers regarding a possible claim under this directive without disclosing actual pay levels of individual workers performing the same work or work of equal value. the monitoring body referred to in article 26 shall have access to the information without restriction.


### 3. member states may decide that , where the disclosure of information pursuant to articles 7 , 8 and 9 would lead to the disclosure , either directly or indirectly , of the pay of an identifiable co-worker , only the workers’ representatives or the equality body shall have access to that information. the representatives or equality body shall advise workers regarding a possible claim under this directive without disclosing actual pay levels of individual workers doing the same work or work of equal value. the monitoring body referred to in article 26 shall have access to the information without restriction. ### 3. member states may decide that , where the disclosure of information pursuant to articles 7 , 8 and 9 would lead to the disclosure , either directly or indirectly , of the pay of an identifiable co-worker , only the workers’ unions or the equality body shall have access to that information. the unions or equality body shall advise workers regarding a possible claim under this directive without disclosing actual pay levels of individual workers doing the same work or work of equal value. the monitoring body referred to in article 26 shall have access to the information without restriction.


### article 11 ### deleted


### member states shall ensure that , after possible recourse to conciliation , judicial procedures for the enforcement of rights and obligations related to the principle of equal pay between men and women for equal work or work of equal value are available to all workers who consider themselves wronged by a failure to apply the principle of equal pay for equal work or work of equal value. such procedures shall be easily accessible to workers and to those who act on their behalf , even after the labour relationship in which the discrimination is alleged to have occurred has ended. ### member states shall ensure that , after possible voluntary recourse to conciliation for both parties to the conflict , judicial procedures for the enforcement of rights and obligations related to the principle of equal pay for equal work or work of equal value are available to all workers who consider themselves wronged by a failure to apply the principle of equal pay for equal work or work of equal value. such procedures shall be easily accessible to workers and to those who act on their behalf , even after the labour relationship in which the discrimination is alleged to have occurred has ended. recourse to conciliation shall trigger an interruption or suspension of the limitation period referred to in article 18.


### 1. member states shall ensure that associations , organisations , equality bodies and workers’ representatives or other legal entities which have , in accordance with the criteria laid down by national law , a legitimate interest in ensuring equality between men and women , may engage in any judicial or administrative procedure to enforce any of the rights or obligations related to the principle of equal pay between men and women for equal work or work of equal value. they may act on behalf or in support of a worker who is victim of an infringement of any right or obligation related to the principle of equal pay between men and women for equal work or work of equal value , with the latter’s approval. ### 1. member states shall ensure that associations , organisations , equality bodies and workers’ representatives or other legal entities which have , in accordance with the criteria laid down by national law , a legitimate interest in ensuring equality between men and women in all their diversity and in tackling discrimination on the ground of sex may engage in any judicial or administrative procedure to enforce any of the rights or obligations related to the principle of equal pay for equal work or work of equal value. they may act on behalf or in support of a worker who is victim of an infringement of any right or obligation related to the principle of equal pay for equal work or work of equal value , with the latter’s approval.


### 2. equality bodies and workers’ representatives shall also have the right to act on behalf or in support of several workers , with the latter’s approval. ### 2. equality bodies and workers’ representatives shall also have the right to act on behalf or in support of individual and/or a group of workers , with the latter’s approval or upon notification in accordance with national law and practice.


### 2. equality bodies and workers’ representatives shall also have the right to act on behalf or in support of several workers , with the latter’s approval. ### 2. equality bodies and workers’ unions shall also have the right to act on behalf or in support of several workers , by means of collective redress actions , with the latter’s approval.


### 3. the compensation shall place the worker who has suffered harm in the position in which that person would have been if he or she had not been discriminated based on sex or if no infringement of any of the rights or obligations relating to equal pay between men and women for equal work or work of equal value had occurred. it shall include full recovery of back pay and related bonuses or payments in kind , compensation for lost opportunities and moral prejudice. it shall also include the right to interest on arrears. ### 3. the compensation shall place the worker who has suffered harm in the position in which that person would have been if he or she had not been discriminated based on sex or if no infringement of any of the rights or obligations relating to equal pay for equal work or work of equal value had occurred. it shall include full recovery of back pay and related bonuses or payments in kind , compensation for lost opportunities and moral prejudice. it shall also include the right to interest on arrears.


### member states shall ensure that , in legal proceedings aimed at ensuring the enforcement of any right or obligation related to the principle of equal pay between men and women for equal work or work of equal value , the courts or other competent authorities may order , at the request of the claimant and at the expense of the defendant: ### member states shall ensure that , in legal proceedings aimed at ensuring the enforcement of any right or obligation related to the principle of equal pay between men and women in all their diversity for equal work or work of equal value , the courts or other competent authorities may order , at the request of the claimant and at the expense of the defendant:


### 4. this directive does not prevent member states from introducing evidential rules which are more favourable to the claimant in proceedings instituted to enforce any of the rights or obligations relating to equal pay between men and women for equal work or work of equal value. ### 4. this directive does not prevent member states from introducing evidential rules which are more favourable to the claimant in proceedings instituted to enforce any of the rights or obligations relating to equal pay between men and women in all their diversity for equal work or work of equal value.


### 1. member states shall ensure that in proceedings concerning a claim regarding equal pay between men and women for equal work or work of equal value , national courts or competent authorities are able to order the defendant to disclose any relevant evidence which lies in their control. ### 1. member states shall ensure that in proceedings concerning a claim regarding equal pay between men and women in all their diversity for equal work or work of equal value , national courts or competent authorities are able to order the defendant to disclose any relevant evidence which lies in their control.


### 1. member states shall lay down rules applicable to limitation periods for bringing claims regarding equal pay between men and women for equal work or work of equal value. those rules shall determine when the limitation period begins to run , the duration thereof and the circumstances under which it is interrupted or suspended. ### 1. member states shall lay down rules applicable to limitation periods for bringing claims regarding equal pay between men and women in all their diversity for equal work or work of equal value. those rules shall determine when the limitation period begins to run , the duration thereof and the circumstances under which it is interrupted or suspended.


### 2. limitation periods shall not begin to run before the violation of the principle of equal pay between men and women for equal work or for work of equal value or infringement of the rights or obligations under this directive has ceased and the claimant knows , or can reasonably be expected to know , about the violation or infringement. ### 2. limitation periods shall not begin to run before the violation of the principle of equal pay between men and women in all their diversity for equal work or for work of equal value or infringement of the rights or obligations under this directive has ceased and the claimant knows , or can reasonably be expected to know , about the violation or infringement.


### 3. member states shall ensure that the limitation periods for bringing claims are set at three years at least. ### 3. member states shall ensure that the limitation periods for bringing claims are set at five years at least.


### claimants who prevail on a pay discrimination claim shall have the right to recover from the defendant , in addition to any other damages , reasonable legal and experts’ fees and costs. defendants who prevail on a pay discrimination claim shall not have the right to recover any legal and experts’ fees from the claimant(s) and costs , unless the claim was brought in bad faith , was clearly frivolous or where such non-recovery is considered manifestly unreasonable under the specific circumstances of the case. ### claimants who prevail on a pay discrimination claim shall have the right to recover from the defendant , in addition to any other damages , reasonable legal and experts’ fees and costs. defendants who prevail on a pay discrimination claim shall not have the right to recover any legal and experts’ fees from the claimant(s) and costs.


### claimants who prevail on a pay discrimination claim shall have the right to recover from the defendant , in addition to any other damages , reasonable legal and experts’ fees and costs. defendants who prevail on a pay discrimination claim shall not have the right to recover any legal and experts’ fees from the claimant(s) and costs , unless the claim was brought in bad faith , was clearly frivolous or where such non-recovery is considered manifestly unreasonable under the specific circumstances of the case. ### claimants who prevail on a pay discrimination claim shall have the right to recover from the defendant , in addition to any other damages , reasonable legal and experts’ fees and costs. defendants who prevail on a pay discrimination claim shall have the right to recover any legal and experts’ fees from the claimant(s) and costs , in accordance with the provisions laid down by their national legal systems.


### 2. member states shall ensure that fines are applied to infringements of the rights and obligations relating to equal pay for the same work or work of equal value. they shall set a minimum level for such fines ensuring real deterrent effect. the level of the fines shall take into account: ### 2. member states shall ensure that fines are applied to infringements of the rights and obligations relating to equal pay for equal work or work of equal value. they shall set a percentage based on the employer’s gross annual turnover as a minimum level for such fines and shall ensure that that minimum level is proportionate and has a real deterrent effect. the level of the fines shall take into account:


### the gravity and duration of the infringement; ### the gravity and duration of the infringement and whether there were repeated infringements.


### any other aggravating or mitigating factor applicable to the circumstances of the case. ### any other aggravating or mitigating factor applicable to the circumstances of the case such as where gender-based pay discrimination intersects with other grounds of discrimination , or relevant mitigating factors


### 3. member states shall establish specific penalties to be imposed in case of repeated infringements of the rights and obligations relating to equal pay between men and women , such as the revocation of public benefits or the exclusion , for a certain period of time , from any award of financial inducements. ### 3. member states shall establish specific penalties to be imposed in case of repeated or serious infringements of the rights and obligations relating to equal pay between men and women , such as the revocation of public benefits or the exclusion , for a certain period of time , from any award of financial inducements.


### 1. the appropriate measures that the member states take in accordance with article 30(3) of directive 2014/23/eu , article 18(2) of directive 2014/24/eu and article 36(2) of directive 2014/25/eu , shall include measures to ensure that , in the performance of public contracts or concessions , economic operators comply with the obligations relating to equal pay between men and women for equal work or work of equal value. ### 1. the appropriate measures that the member states take in accordance with article 30(3) of directive 2014/23/eu , article 18(2) of directive 2014/24/eu and article 36(2) of directive 2014/25/eu , shall include measures to ensure that , in the performance of public contracts or concessions , economic operators comply with the obligations relating to equal pay between men and women in all their diversity for equal work or work of equal value.


### 2. member states shall consider for contracting authorities to introduce , as appropriate , penalties and termination conditions ensuring compliance with the principle of equal pay in the performance of public contracts and concessions. where member states’ authorities act in accordance with article 38(7)(a) of directive 2014/23/eu , article 57(4)(a) of directive 2014/24/eu , or article 80(1) of directive 2014/25/eu in conjunction with article 57(4)(a) of directive 2014/24/eu , they may exclude or may be required by member states to exclude any economic operator from participation in a public procurement procedure where they can demonstrate by any appropriate means the infringement of the obligations referred to in paragraph 1 , related either to a failure to comply with pay transparency obligations or a pay gap of more than 5 per cent in any category of workers which is not justified by the employer on the basis of objective , gender-neutral criteria. this is without prejudice to any other rights or obligations set out in directive 2014/23/eu , directive 2014/24/eu or directive 2014/25/eu. ### 2. member states shall consider for contracting authorities to introduce , as appropriate , penalties and termination conditions ensuring compliance with the principle of equal pay in the performance of public contracts and concessions. where member states’ authorities act in accordance with article 38(7)(a) of directive 2014/23/eu , article 57(4)(a) of directive 2014/24/eu , or article 80(1) of directive 2014/25/eu in conjunction with article 57(4)(a) of directive 2014/24/eu , they may exclude or may be required by member states to exclude any economic operator from participation in a public procurement procedure where they can demonstrate by any appropriate means the infringement of the obligations referred to in paragraph 1 , related to a failure to comply with pay transparency obligations. this is without prejudice to any other rights or obligations set out in directive 2014/23/eu , directive 2014/24/eu or directive 2014/25/eu.


### 1. workers and their representatives shall not be treated less favourably on the ground that they have exercised their rights relating to equal pay between men and women. ### 1. workers and workers representatives shall not be treated less favourably on the ground that they have exercised their rights to not be discriminated on the ground of sex relating to working conditions , including pay.


### 1. workers and their representatives shall not be treated less favourably on the ground that they have exercised their rights relating to equal pay between men and women. ### 1. workers and their union representatives shall not be treated less favourably on the ground that they have exercised their rights relating to equal pay between men and women.


### 2. member states shall introduce in their national legal systems such measures as necessary to protect workers , including those who are workers' representatives as provided for by national law and/or practice , against dismissal or other adverse treatment by the employer as a reaction to a complaint within the undertaking or to any legal proceedings aimed at enforcing compliance with any rights or obligations relating to equal pay between men and women. ### 2. member states shall introduce in their national legal systems such measures as necessary to protect workers , including their union representatives as provided for by national law and/or practice , against dismissal or other adverse treatment by the employer as a reaction to a complaint within the undertaking or to any legal proceedings aimed at enforcing compliance with any rights or obligations relating to equal pay between men and women.


### 3. member states shall provide equality bodies with the adequate resources necessary for effectively carrying out their functions with regard to the respect for the right to equal pay between men and women for the same work or work of equal value. member states shall consider allocating amounts recovered as fines pursuant to article 20 to the equality bodies for that purpose. ### 3. member states shall provide equality bodies , monitoring body , and labour inspectorates with the adequate resources necessary for effectively carrying out their new or additional functions with regard to the respect for the right to equal pay between men and women in all their diversity for the same work or work of equal value. member states shall consider allocating amounts recovered as fines pursuant to article 20 to the equality bodies for that purpose.


### 1. member states shall ensure the consistent monitoring of the implementation of the principle of equal pay between women and men for equal work or for work of equal value and the enforcement of all available remedies. ### 1. member states shall ensure the consistent monitoring of the implementation of the principle of equal pay between women and men for equal work or for work of equal value and the enforcement of all available remedies and sanctions mechanisms.


### 2. each member state shall designate a body (‘monitoring body’) for the monitoring and support of the implementation of national legal provisions implementing this directive and shall make the necessary arrangements for the proper functioning of such body. the monitoring body may be part of existing bodies or structures at national level. ### 2. each member state shall designate a tripartite body (‘monitoring body’) for the monitoring and implementation of national legal provisions implementing this directive and shall make the necessary arrangements for the proper functioning of such body. the monitoring body may be part of existing bodies or structures at national level and competent to impose sanctions such as financial ones for non-compliance with the implementing provisions as a supervisory body.


### to raise awareness among public and private undertakings and organisations , social partners and the general public to promote the principle of equal pay and the right to pay transparency; ### to raise awareness among public and private undertakings and organisations , social partners and the general public to promote the principle of equal pay and the right to pay transparency , including by communicating and sharing employers’ good practices and initiatives with the possibility to create an official label or certificate for companies complying with pay transparency as regards the set out rules on equal pay for equal work or work of equal value as well as a public list of companies who do not comply;


### to tackle the causes of the gender pay gap and devise tools to help analyse and assess pay inequalities; ### to tackle the causes of the pay gap and devise tools and methodologies to analyse and assess pay inequalities and tackle discrimination on the ground of sex;


### to aggregate data received from employers pursuant to article 8(6) , and publish this data in a user-friendly manner; ### to aggregate data received from employers pursuant to article 8(6) , and publish this data in a user-friendly manner for all , persons with disabilities included; to aggregate this data also sectorally in order to be able to identify and address possible discrimination across different sectors , especially regarding differences of work of equal value between female and male dominated sectors.


### this directive shall not affect in any way the right to negotiate , conclude and enforce collective agreements and to take collective action in accordance with national law or practice. ### this directive shall not affect in any way the right to negotiate , conclude and enforce collective agreements and to take collective action in accordance with national law or practice.


### 2. when informing the commission , member states shall also accompany it with a summary of the results of their assessment regarding the impact of their transposition act on small and medium-sized enterprises and a reference to where such assessment is published. ### 2. when informing the commission , member states shall also accompany it with a summary of the results of their assessment regarding the impact of their transposition act on micro , small and medium-sized enterprises and a reference to where such assessment is published.