Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions - Tackling the pay gap between women and men
Date: 2007-07-18
Institutions: European Commission
Subjects: equal treatment, gender equality, labour market, position of women, remuneration of work, women's rights

COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 18.7.2007 
COM(2007) 424 final 

COMMUNICATION FROM THE COMMISSION TO THE EUROPEAN 
PARLIAMENT, THE COUNCIL, THE EUROPEAN ECONOMIC AND SOCIAL 
COMMITTEE AND THE COMMITTEE OF THE REGIONS 

Tackling the pay gap between women and men 

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COMMUNICATION FROM THE COMMISSION TO THE EUROPEAN 
PARLIAMENT, THE COUNCIL, THE EUROPEAN ECONOMIC AND SOCIAL 
COMMITTEE AND THE COMMITTEE OF THE REGIONS 

Tackling the pay gap between women and men 

1. 

INTRODUCTION 

The fundamental principle of equal treatment between women and men has been a part of the 
Treaty of Rome since  1957.  Reducing the pay gap is one of the  objectives of the  European 
Strategy for Growth and Jobs. However, the Roadmap for equality between women and men1 
points out that the pay gap continues to exist in spite of the action taken and resources spent 
on  trying  to  reduce  it.  According  to  the  indicator  of  the  (unadjusted)  gross  hourly  pay  gap 
between  women  and  men,  women  were  earning  on  average  15%  less  than  men  in  the 
European  Union  in  2005.  There  is  nothing  to  indicate  that  this  gap  is  narrowing  in  any 
significant way. 

To  a  large  extent,  the  gap  cannot  be  attributed  to  objective  criteria,  which  is  a  sign  of  the 
inequalities still experienced by women in the labour market. Women achieve a higher pass-
rate  at  school  than  men  in  all  the  EU  Member  States  and  account  for  the  majority  of 
graduates. Why is it therefore that, once they leave the education system, they find themselves 
in a labour market in which they enjoy less favourable conditions than men and in which their 
productive potential is not fully exploited? No modern and competitive economy can afford a 
situation of this kind, particularly in view of the challenges posed by demographic change and 
the expected decline in the working population. 

It is in this context  that  the  present document has been drawn up. Its aim is to examine the 
causes of the pay gap and put forward possible ways of reducing it. The Commission cannot 
face  the  challenge  alone  because,  in  a  large  number  of  areas,  the  centre  of  gravity  is  in  the 
Member  States  and  the  measures  which  need  to  be  taken  are  outside  its  remit.  This  means 
that,  in  order  to  reduce  the  pay  gap,  the  efforts  of  all  interested  parties  will  need  to  be 
harnessed,  in  particular  the  Member  States  and  the  social  partners,  in  order  to  achieve 
progress with regard to equality between men and women in the workplace.  

2. 

THE GENDER PAY GAP: A COMPLEX AND PERSISTENT PROBLEM 

2.1.  What is meant by "pay gap"? 

The pay gap measures the relative difference in the average gross hourly earnings of women 
and men within the economy as a whole. It is one of the structural indicators used to monitor 
the European Strategy for Growth and Jobs2. 

1 

2 

COM(2006)  92.  The  European  Parliament  Resolution  of  13  March  2007  on  the  Roadmap 
(P6_TA(2007)0063) calls upon the Commission to act to combat the pay gap. 
Difference (unadjusted) in average gross hourly earnings between men and women as a percentage of 
those of men. See the definition in point 2 of the Annex. 

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The  root  causes  of  the  pay  gap  are  complex.  In  2003,  a  Commission  services'  working 
document set out the measurement, analysis and policy implications of the gender pay gap3. It 
underlined the difficulty of isolating objective factors which explain the pay gap from those 
based on direct or indirect discrimination or other factors. 

The  differences  in  the  pay  levels  of  women  and  men  can  in  part  be  a  reflection  of  the 
objective differences relating to the individual concerned (age, level of education, experience 
acquired),  the  job  (profession,  type  of  contract  or  working  conditions)  or  the  company 
(economic  sector  or  company  size).  For  instance,  experience  usually  counts  for  more  in  the 
workplace. If men have more experience, on average, than women, then their pay will also be 
higher than average. In spite of this, discrimination can still exist and be directed at workers 
because  of  their  sex.  Some  women  with  a  level  of  experience  equal  to  that  of  men  are 
sometimes paid less than men for the same work as a result of deliberate discrimination. 

However,  objective  differences  and  openly  discriminatory  practices  are  not  enough  in 
themselves to explain why a pay gap still exists4. The pay gap is also linked to a number of 
legal, social and economic factors which go far beyond the single issue of equal pay for the 
same job. 

Article  141  of  the  Treaty  stipulates  that  equal  pay  for  work  of  equal  value  must  also  be 
guaranteed. This raises the question of how the work done by every individual is valued and, 
in particular, of how different jobs are evaluated. The fact that the pay gap still exists means 
that  the  professions  and  jobs  in  which  women  predominate  are  undervalued  in  comparison 
with  those  in  which  men  predominate,  without  this  necessarily  being  justified  by  any 
objective  criteria5.  For  example,  where  women  and  men  are  equally  well  qualified,  more 
value can be attached to physical strength than to interpersonal skills, or more value can be 
attached to responsibility for capital than to responsibility for people. For example, a firm has 
recently  carried  out  a  review  of  its  pay  scale  in  order  to  treat  cashiers  equally  with  the 
storemen with whom they work. 

On  the  other  hand,  the  pay  gap  may  reflect  inequalities  which,  in  actual  fact,  mainly  affect 
women in the workplace. 

This is relevant, for example, with regard to the segregation of the labour market. Women are 
concentrated in a much smaller number of sectors and professions than men. However, these 
tend to be valued less highly and associated with lower pay levels than those in which men 
predominate.  Almost  40%  of  women  work  in  health,  education  and  public  administration, 
compared  to  20%  of  men.  Moreover,  women  are  mainly  employed  as  administrative 
assistants, shop assistants or low-skilled or unskilled workers — these occupations accounting 
for almost half of the female workforce. Conversely, only a third of managers are women in 
companies within the EU. 

This segregation is reinforced by traditions and stereotypes which influence, for example, the 
choice of education courses, the evaluation and classification of occupations and employment 
patterns. Women in particular still experience greater difficulties than men when it comes to 

3 
4 

5 

SEC(2003) 937. 
"The Gender Pay Gap – Origins and Policy Responses", Group of economic experts on Gender, Social 
Inclusion and Employment: 
http://bookshop.europa.eu/eubookshop/FileCache/PUBPDF/KE7606200ENC/KE7606200ENC_002.pdf 
COM(94) 6. 

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balancing work and private life. This affects career choice, and means that far more women 
than men work on a part-time basis and women take more frequent career breaks than men, 
which  has  a  negative  impact  on  their  careers.  Almost  a  third  of  women  work  part-time, 
compared  to  only  8%  of  men.  Although  part-time  work  may  be  a  personal  choice  and 
encourage  the  involvement  of  women  in  the  workplace,  the  gap  between  women  and  men 
underlines the fact that they do not use their time in the same way and that the task of looking 
after  dependent  family  members  is  largely  borne  by  women.  The  lack  of  accessible, 
affordable  and  good  quality  childcare  reinforces  this  lack  of  balance.  In  the  same  way,  far 
more  women  than  men  choose  to  take  parental  leave6.  Parenthood  permanently  reduces  the 
employment rate of women but not that of men. As a result, women have careers which are 
more disjointed, slower and shorter and thus less financially rewarding. 

When  interpreting  the  pay  gap  indicator,  account  must  be  taken  of  the  fact  that  it  does  not 
allow a distinction to be made between objective factors which explain the pay gap and those 
resulting from discrimination or other factors. 

2.2. 

Features of the pay gap in the EU 

In 2005, the pay gap between women and men was estimated at 15% in the EU-27, i.e. two 
points  below  its  level  in  1995  (see  Annex).  This  relative  lack  of  change  contrasts  with  the 
marked increase in the female employment rate — an increase which has been continuous.  

There are considerable differences between the Member States in this regard, with the pay gap 
ranging  from  4%  (MT)  to  25%  (EE,  CY).  However,  the  pay  gap  is  not  an  indicator  of  the 
overall equality between women and men since it only concerns salaried persons. It must be 
looked  at  in  conjunction  with  other  indicators  linked  to  the  labour  market.  This  usually 
reflects the different working patterns of women. In most of the countries in which the female 
employment rate is low (e.g. MT, IT, EL, PL), the pay gap is lower than average, which may 
reflects the small proportion of low-skilled or unskilled women in the workforce. A high pay 
gap is usually characteristic of a labour market which is highly segregated (e.g. CY, EE, SK, 
FI) or in which a significant proportion of women work part-time (e.g. DE, UK, NL, AT, SE). 
Institutional mechanisms and systems on wage setting can also influence the pay gap.  

The pay gap is also wider than average in  private sector  companies7 (25%), where it  varies 
considerably  according  to  the  characteristics  of  the  individual,  the  company  or  the  job  (see 
statistics in the Annex). For example, the pay gap increases with the size of the undertaking, 
age  and  with  the  level  of  educational  attainment  and  length  of  service.  In  other  words,  the 
qualifications  and  experience  acquired  by  women  are  less  financially  rewarded  than  those 
acquired by men. The sectors most affected by the pay gap are industry, business services and 
the financial sector. 

3. 

TACKLING THE INEQUALITY IN PAY BETWEEN WOMEN AND MEN 

Tackling  the  pay  gap  between  women  and  men  is  a  political  priority  for  the  European 
Commission, as confirmed in the Roadmap for Gender Equality adopted for the period 2006-
2010. 

6 
7 

Eurobarometer 189 / 59.1. 
See Annex, point 3. 

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The  pay  gap  has  a  major  impact  on  the  status  of  women  in  economic  and  social  life 
throughout  their  working  lives  and  beyond.  It  constitutes  an  obstacle  to  equal  economic 
independence  for  women  and  men.  It  has  an  inevitable  impact  on  individual  choice,  with 
regard  for  example  to  work  patterns,  length  of  working  life,  career  breaks  or  the  sharing  of 
domestic  and  family  responsibilities.  Women  are  already  at  greater  risk  of  poverty,  and  it 
exacerbates  this  risk,  especially  for  single  parent  families.  Its  effects  can  be  felt  even  after 
retirement, when the pay gap becomes a pension gap. It is an unacceptable waste of resources 
for  the  economy  and  society  which  prevents  the  productive  potential  of  women  from  being 
fully realised. 

The  policies  which  have  been  adopted  have  always  sought  to  combat  all  the  underlying 
aspects of the pay gap. On the one hand, a significant body of legislation has been developed 
when it comes to combat discrimination and guarantee equal treatment. On the other, a large 
number of non-legislative measures and initiatives have helped to promote equality between 
women and men in all areas. 

The  fact  that  a  pay  gap  still  exists  highlights  the  need  for  a  reflection  on  specific  ways  of 
reducing  unjustified  pay  inequalities.  Four  priority  areas,  which  are  complementary,  have 
been  identified.  From  the  legal  point  of  view,  the  Commission  must  seek  to  ensure  that  the 
existing  framework  is  implemented  and  applied  in  full,  whilst  identifying  possibilities  for 
improvement. In areas outside its remit, it will have to rely on the active engagement of all the 
parties concerned, in particular Member States and social partners. The European Strategy for 
Growth  and  Jobs  should  be  exploited  to  the  full  and  employers  should  be  encouraged  to 
respect and promote equal pay. It is indeed up to them, in the first instance, to implement in 
practice  the  principle  of  equal  pay  for  equal  work  or  work  of  equal  value.  Finally,  the 
exchange  of  good  practices  at  Community  level  should  also  help  to  improve  the 
understanding of the problem and disseminate innovative solutions to combat it. 

3.1. 

Exploring ways to improve the legislative framework and its implementation  

As  early  as  1957,  Article  119  of  the  Treaty  of  Rome  laid  down  the  principle  that  men  and 
women should receive equal pay for equal work. This Article, which has become Article 141 
of the Treaty, now stipulates that each Member State must ensure that the principle of equal 
pay  for  male  and  female  workers  for  equal  work  or  work  of  equal  value  is  applied  (see 
Annex). 

Article 141 refers to more than strict de jure equality and also recognises the need for de facto 
equality.  Article  141(4)  therefore  allows  the  Member  States,  with  a  view  to  ensuring  full 
equality in practice between men and women in working life, to maintain or adopt measures 
providing for specific advantages in order to make it easier for the underrepresented sex to 
pursue a vocational activity. 

The Council adopted in 1975 Directive 75/117/EEC on the approximation of the laws of the 
Member States relating to the application of the principle of equal pay for women and men. 
The Directive notably foresees that the principle of equal pay means, for the same work or for 
work  to  which  equal  value  is  attributed,  the  elimination  of  all  discrimination  on  grounds  of 
sex with regard to all aspects and conditions of remuneration. 

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The  Court  of  Justice  has  had  to  pass  judgement  on  these  provisions  on  several  occasions, 
resulting in a large body of case law which has had a marked impact on the law in this area8.  

The Community acquis on this subject has formed the basis of most of the national legislation 
on  the  principle  of  equal  pay  and  has  therefore  played  a  key  role  in  achieving  progress  for 
women  in  the  labour  market.  It  has  not,  however,  closed  the  pay  gap  between  women  and 
men. 

The  pay  gap  is  not  caused  solely  by  the  fact  that  the  legislation  in  place  does  not  go  far 
enough  or  is  not  properly  applied,  but  it  has  nevertheless  an  important  role  to  play9  in 
improving the situation. 

Community  legislation  has  been  able  to  be  effective  in  eliminating  direct  discrimination, 
where  a  woman  is  paid  less  than  her  male  colleagues  for  the  same  job.  These  cases  can  be 
effectively dealt with by legal or other mechanisms at national level.  

However, this legislation has been less effective in ensuring respect of the principle of equal 
pay  for  work  of  equal  value.  For  example,  there  can  be  a  different  value  attributed  to  two 
equivalent  jobs  in  the  same  company,  one  of  which  is  primarily  undertaken  by  women,  the 
other  by  men.  Discrimination  of  this  kind  is,  in  fact,  less  likely  to  be  the  subject  of  a  court 
case  brought  by  the  person  concerned  in  view  of  the  fact  not  only  that  potential  victims 
probably  are  not  aware  of  it  but  also  that  it  is  more  difficult  to  prepare  a  case  against 
discrimination in situations like this.  

Therefore,  without  pre-empting  a  detailed  analysis,  changes  to  the  Community  legal 
framework could be examined to ensure that direct and indirect discrimination based on sex is 
excluded  in  particular  from  the  systems  used  to  set  pay.  For  this,  it  might  be  envisaged  to 
reinforce  provisions  aiming  at  eliminating  those  elements  of  pay  systems  which  result  in 
gender discrimination. 

It is also necessary to consider the role of transparency in all these aspects and to analyse in 
this  context  the  provisions  regarding  the  notification  and  consultation  of  workers  and  their 
representatives concerning the pay of women and men  in  the undertaking and its  evolution, 
already foreseen in Directive 2002/73/EC.  

Finally, in order to tackle the problem of labour market segregation, the Member States could 
give greater consideration to taking positive action, while abiding by the case law of the Court 
of Justice. 

The  Commission  will  continue  to  act  as  guardian  of  the  Treaties  and  ensure  that  the 
Community legislation concerned is transposed and applied correctly. In performing this task 
it  will  be  supported  by  the  national  bodies  which  are  responsible  for  promoting  the  equal 
treatment of women and men10. 

8 
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10 

See Annex, point 1. 
"Report on Equal Pay", Network of independent legal experts in the fields of employment, social affairs 
and equality between men and women: 
http://ec.europa.eu/employment_social/gender_equality/ legislation/report_equal_pay.pdf 
Article 8a of Directive 76/207/EEC, as amended by Directive 2002/73/EC. 

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Application of the law would also be enhanced by increasing information and awareness of 
existing  legislation.  Opinion  polls  reveal  a  lack  of  public  awareness  of  Community  law  on 
equal pay, equal treatment and possible means of redress. Only one in three people on average 
claim  to  know  their  rights  if  they  become  victims  of  discrimination11.  Information  must 
therefore  continue  to  be  provided  not  only  to  members  of  the  public  in  general  but  also  to 
workers' representatives and employers, as well as to those working in the legal profession. 

Lastly,  allowing  people  scope  to  reconcile  their  working  and  private  lives  helps  to  create  a 
better balance in the sharing of domestic and family responsibilities between women and men 
and  thus  encourages  more  continuous  involvement  by  women  in  the  labour  market;  this,  in 
turn,  helps  to  reduce  the  pay  gap.  The  Commission  has  launched  a  process  of  consultation 
with the European social partners on the question of work-life balance12, as it takes the view 
that Community legislation should be updated. 

The Commission will: 

•  continue to closely monitor the transposal and application of Community legislation in the 
Member  States  and  will  use  the  support  of  the  national  bodies  responsible  for  equality 
between women and men in order to help ensure that the law on equal pay is interpreted 
and applied in the same way; 

•  in  2008  undertake  an  analysis  of  the  current  legislation  from  the  point  of  view  of  the 
relevance  of  the  legal  instruments  with  regard  to  the  causes  of  the  pay  gap  and  will 
propose, where necessary, amendments to the Community legal framework; 

•  urge  the  Member  States  to  implement  in  full  the  existing  legislation  on  the  provision  of 

information to workers by employers on equal treatment in the business sector; 

•  investigate  whether  guidance  or  clarification  is  necessary  regarding  the  use  of  positive 

measures to combat labour market segregation; 

•  step  up  efforts  to  provide  information  and  raise  awareness  about  existing  laws  and  the 
action which can be taken in the event of discrimination, also with regard to those involved 
in the legal system;  

•  where necessary, following consultation of the social partners at Community level, propose 
measures to improve the reconciling of working and private life in order to allow men and 
women access to the labour market and remain within it on an equal footing. 

3.2. 

Exploiting to the full the European Strategy for Growth and Jobs 

The  European  Strategy  for  Growth  and  Jobs  is  an  essential  means  of  supporting  gender 
equality in the workplace, with active backing from the Structural Funds. The open method of 
coordination on social protection and social inclusion, linked to the strategy, also recognises 
that  the  promotion  of  equal  opportunities  forms  an  integral  part  of  the  action  taken  by  the 
Member States to strengthen social cohesion within the EU. 

11 
12 

Eurobarometer 263/65.4. 
SEC(2007) 571. 

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As part of the current European Strategy for Growth and Jobs, the reduction of the pay gap is 
included  in  two  of  the  integrated  guidelines13.  These  also  encourage  the  Member  States  to 
define  their  commitments  and  objectives  with  regard  to  the  priorities  which  have  been 
established.  The  European  Pact  for  Gender  Equality,  which  was  adopted  by  the  Spring 
European Council in March 2006, strongly reflects the commitment of the Member States to 
take decisive action in this field. 

Reducing the pay gap calls for an approach which targets all underlying factors. A number of 
Member States have taken steps to desegregate the labour market, education and training and 
the balancing of work and private life. However, the Commission's annual report on growth 
and  jobs  for  200614  and  the  joint  report  on  employment  for  2006-200715  expressed 
disappointment at the continued existence of the pay gap and pointed out that "targets are set 
only by two countries (EE, FI), and most Member States do not address the issue". 

Every year, the Commission's report on gender equality which is submitted to the European 
Council underlines the continued existence of a large pay gap and asks the Member States to 
do all they can to tackle all the underlying causes of this. It would be useful that the Member 
States  mention  in  their  national  reform  programmes  specific  measures  which  they  have 
implemented to reduce the pay gap, including with regard to labour market segregation and 
reconciling work and private life. The Commission will continue to monitor the pay gap and 
policies  adopted  as  part  of  the  mechanisms  set  up  under  the  European  Strategy  for  Growth 
and Jobs, in particular the annual progress report and the joint report on employment. It is also 
important  to  ensure  that  policies  can  be  monitored  with  the  help  of  statistics  which  are 
consistent,  comparable,  complete  and  available  in  time.  The  capacity  for  analysing  and 
understanding  the  principle  factors  which  determine  the  pay  gap  needs  to  be  improved  in 
order to  identify possible  ways  of  dealing with the problem  in a  targeted  fashion. With this 
aim  in  mind,  Eurostat  set  up  a  task  force  with  the  Member  States  in  2007  on  the  existing 
structural indicator with a view to improving the quality and comparability of the statistics. 

The Commission will: 

•  improve  the  supply  and  quality  of  statistics  on  the  structural  indicator  of  the  pay  gap, 
including any statistical breakdowns which are needed and the tools which can be used to 
identify  and  analyse  the  factors  influencing  the  pay  gap,  and  will  ensure  that  these  are 
disseminated in a proper manner; 

•  evaluate  the  best  means  of  combating  the  pay  gap  between  women  and  men  in  the 
framework of the next integrated guidelines 2008-10 of the European Strategy for Growth 
and Jobs; 

•  urge the Member States to set objectives and national deadlines for reducing the pay gap 
between  women  and  men  on  the  basis  of  statistics  which  are  consistent,  comparable  and 
complete; 

•  urge  the  Member  States  to  exploit  the  full  potential  of  the  European  Social  Fund,  in 
particular in order to tackle the direct and indirect causes of pay gaps between women and 

13 
14 
15 

Council Decision 2005/600/EC, guidelines 18 and 22. 
COM(2006) 816. 
Council document 6706/07. 

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men,  improve  women's  access  to  the  labour  market  and  reduce  the  segregation  of  the 
labour market on the grounds of sex. 

3.3. 

Encouraging employers to respect equal pay 

Employers  have  a  key  role  to  play  in  eliminating  unjustified  pay  inequalities.  They  have  a 
responsibility  to  comply  with  the  legislation  on  the  subject.  However,  it  is  also  in  their 
interests to act responsibly in order to promote equality between women and men within their 
organisations.  This  applies  to  private  and  public  companies  alike.  The  Commission  is 
implementing an action programme on equal opportunities for its staff. It is worth noting that 
there is still also a pay gap within the public administration, which is caused in large part by 
occupational segregation and the low presence of women in decision-making posts. 

The promotion of equality is not only an ethical matter but creates a competitive advantage 
for  companies  by  allowing  their  staff  to  make full  use  of  their  productive  potential.  Gender 
equality  is  also  one  of  the  priority  action  areas  identified  by  the  European  Alliance  on 
Corporate  Social  Responsibility  (CSR)16.  In  this  framework  the  Commission  invites  the 
Alliance to propose initiatives to promote good practice in the fight against the pay gap. 

Some  Member  States  support  the  efforts  of  employers  by  promoting  labels  which  can  be 
displayed by companies whose policies with regard to equality in the workplace and human 
resources management give gender equality a high profile. The Commission could encourage 
the exchange of good practice in this field, and already supports awareness-raising actions to 
fight  against  stereotypes  in  undertakings,  in  particular  with  the  support  of  the  PROGRESS 
programme.  

In  addition  to  this,  public  authorities  have  a  significant  part  to  play  in  national  economies, 
with  public  contracts  accounting  for  16%  of  Community  GDP.  They  are  therefore  in  a 
position to encourage their service providers to adopt socially responsible behaviour. To this 
end,  Directives  2004/17/EC17  and  2004/18/EC18  stipulate  that  "contracting  entities  may  lay 
down  special  conditions  relating  to  the  performance  of  a  contract…  [which]  may,  in 
particular, concern social and environmental considerations".  

The Commission will: 

•  call upon the national authorities to make every effort to reduce the pay gap for their own 
staff and encourage their service providers to adopt equal pay policies in the performance 
of public contracts; 

•  incorporate  the  dimensions  of  equal  treatment  and  equal  pay  into  the  guide  which  it  is 
preparing  for  2008  on  incorporating  social  criteria  into  public  contract  performance 
procedures. 

3.4. 

Supporting the exchange of good practice at Community level 

Several  Member  States  have  introduced  measures  at  national  level  to  reduce  the  pay  gap. 
These  largely  include  legislative  measures  to  promote  equal  pay,  for  example  in  order  to 

16 
17 
18 

COM(2006) 136. 
Directive 2004/17/EC of the European Parliament and of the Council of 31 March 2004. 
Directive 2004/18/EC of the European Parliament and of the Council of 31 March 2004. 

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encourage  or  require  companies  to  examine  and  remedy  unjustified  discrepancies  in  pay 
between  their  staff;  active  gender  equality  policies  which  seek,  in  particular,  to  eliminate 
structural inequality in the workplace; wage policies which are designed to raise the profile of 
occupations which are poorly paid. 

One of the priorities of the "framework of actions on gender equality" which was adopted in 
March 2005 by the European social partners is the reduction of the pay gap. According to the 
first  follow-up  report  on  its  implementation, which  was  approved  at  the  beginning  of  2007, 
the  framework  of  actions  has  prompted  a  large  number  of  measures  at  national  level  which 
use  a  wide  variety  of  instruments  such  as  awareness-raising  and  training  measures,  the 
development of wage-comparison tools or strategies to reduce the pay gap. 

The diverse nature of the methods which have been adopted reflects the complex nature of the 
problem.  Equal  pay  can  only  be  achieved  if  action  is  taken  at  all  levels,  which  involves  all 
interested parties and addresses all the causative factors of the pay gap. It is therefore essential 
to have a thorough knowledge of the implications of the pay gap and to disseminate examples 
of good practice which have been implemented in various quarters in order to reduce the pay 
gap. The Commission will support the exchange of good practice in this field. 

The European Institute for Gender Equality19 may be required to provide technical assistance 
in the efforts to narrow the pay gap. 

•  The Commission calls upon the social partners to continue to implement their framework 
of actions on gender equality, in particular as regards the priority given to reducing the pay 
gap. 

4. 

CONCLUSIONS 

Equality  between  women  and  men  and  non-discrimination  are  part  of  the  fundamental 
principles of the European Union. The persistence of the gender pay gap is a sign that women 
continue  to  be  affected  by  direct  and  indirect  discrimination  and  inequalities  in  the  labour 
market,  but  also  prevents  the  working  potential  of  women  being  properly  fulfilled  and  the 
achievement of the objectives of the European Strategy for Growth and Jobs.  

It  seems  necessary,  above  all,  to  improve  the  capacity  to  analyse  this  phenomenon,  which 
remains complex and poorly understood. This would allow the identification of possible ways 
of dealing with the problem in a targeting manner, and to identify possible improvements to 
the existing legal framework likely to lead to a significant reduction in the pay gap.  

The objective of the present Communication is to give a new impetus to the fight against the 
pay  gap.  It  shows  the  Commission's  full  commitment  to  put  in  place  all  the  measures 
necessary with the aim of reducing unjustified differences in pay between women and men. In 
this  effort,  the  Commission  will  need  the  active  support  of  all  stakeholders,  especially  the 
Member States and the social partners. 

19 

Regulation (EC) No 1922/2006. 

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ANNEX 

1. 

LEGAL FRAMEWORK 

The principle of equal pay for equal work between male and female workers was embedded in 
the  Treaty  of  Rome.  In  its  current  wording,  Article  141  EC  (ex-Article  119)  foresees  that 
Member States shall ensure that the principle of equal pay for male and female workers for 
equal work or work of equal value is applied. For the purpose of this article, "pay" means the 
ordinary basic or minimum wage or salary and any other consideration, whether in cash or in 
kind, which the worker receives directly or indirectly, in respect of his employment, from his 
employer. Article 141 EC foresees also that "with a view to ensuring full equality in practice 
between  men  and  women  in  working  life,  the  principle  of  equal  treatment  shall  not  prevent 
any Member State from maintaining or adopting measures providing for specific advantages 
in  order  to  make  it  easier  for  the  underrepresented  sex  to  pursue  a  vocational  activity  or  to 
prevent or compensate for disadvantages in professional careers" (positive actions). 

On 10 February 1975, the Council adopted Directive 75/117/EEC on the approximation of the 
laws of the Member States relating to the application of the principle of equal pay for men and 
women.  The  Directive  notably  foresees  that  the  principle  of  equal  pay  means,  for  the  same 
work or for work to which equal value is attributed, the elimination of all discrimination on 
grounds of sex with regard to all aspects and conditions of remuneration. In particular, where 
a job classification system is used for determining pay, it must be based on the same criteria 
for both men and women and so drawn up as to exclude any discrimination on grounds of sex. 

The Court of Justice developed a significant case law related to Article 141 of the Treaty (ex 
Article 119) and to Directive 75/117/EEC. In particular, the Court very soon underlined that 
the principle of equal  pay  numbered  amongst the fundamental principles of the Community 
and could be invoked by any citizen in front on national jurisdictions (direct effect). 

The  Court  of  Justice  was  asked  to  interpret  the  concept  of  "pay"  and  has  by  this  way 
considerably broadened its scope. The Court held that constitutes "pay" within the meaning of 
Article 141 EC, notably, a contribution to a retirement benefits scheme which is paid by an 
employer in the name of employees by means of an addition to the gross salary (case 69/80, 
Worringham),  benefits  paid  by  an  employer  to  a  worker  in  connection  with  the  latter'  s 
compulsory  redundancy  (case  C-262/88,  Barber),  a  pension  paid  under  a  contracted-out 
private occupational scheme (case C-262/88, Barber), a survivor's pension provided for by an 
occupational  pension  scheme  (case  C-109/91,  Ten  Over),  benefits  granted  under  a  pension 
scheme, including survivors' benefits (case C-147/95, Ilektrismou), compensation received for 
losses of earnings due to attendance at training courses imparting the information necessary 
for performing staff council functions. (case C-457/93, Lewark), a monthly salary supplement 
(case  C-381/99,  Brunnhofer),  a  Christmas  bonus  (case  C-333/97  Aboulaye).  According  to 
case C-400/93 (Royal Copenhagen), it also applies to piece-work pay schemes. 

The case law of the Court has also interpreted extensively the notion of "equal work". In case 
129/79,  Macarthys),  the  Court  held  that  the  principal  should  not  be  restricted  by  the 
introduction  of  a  requirement  of  contemporaneity.  In  case  61/81  (Commission  v.  UK),  the 
Court said that it is the responsibility of the Member States to guarantee the right to receive 
equal  pay  for  work  of  equal  value  even  in  the  absence  of  a  system  of  job  classification.  It 
follows  that  where  there  is  disagreement  as  to  the  application  of  the  concept  of  "work  to 
which equal value is attributed", the worker must be entitled to claim  before an appropriate 

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authority that his work has the same value as other work and, if that is found to be the case, to 
have his rights under the treaty and the directive acknowledged by a binding decision. In case 
157/86 (Murphy), the court held that the principle covers the case where a worker is engaged 
in work of higher value than that of the person with whom a comparison was to be made.  

A  number  of  judgements  of  the  Court  deal  with  the  indirect  discrimination  in  situations  of 
part-time  work.  In  case  96/80  (Jenkins),  the  Court  held  that  the  principle  applies  to  the 
payment of lower hourly rates of remuneration for part-time work than for full-time work. In 
case  170/84  (Bilka),  the  Court  found  that  Article  119  (now  141)  was  infringed  when  an 
employer  excludes  part-time  employees  from  its  occupational  pension  scheme,  where  the 
exclusion  affects  a  far  greater  number  of  women,  unless  the  undertaking  shows  that  the 
exclusion is based on objectively justified factors unrelated to any discrimination on grounds 
of sex. In case 171/88 (Rinner-Kühn), the Court held that this Article precluded a legislation 
which permits employers to exclude certain part-time employees from the continued payment 
of wages in the event of illness. In case C-33/89 (Kowalska), the Court ruled that a clause in a 
collective  agreement  under  which  employers  may  exclude  part-time  employees  from  the 
payment of a severance grant was contrary to Article 119 when in fact a considerably lower 
percentage of men work part-time. In case C-184/89 (Nimz), the Court declared contrary to 
Article  119  a  collective  agreement  that  provides  for  the  seniority  of  workers  performing  at 
least three quarters of normal working time to be fully taken into account for reclassification 
in a higher salary grade, where only one half of such seniority was taken into account in the 
case  of  workers  whose  working  time  was  inferior,  where  the  latter  group  comprises  a 
considerably smaller percentage of men than women. On the other hand, in case joint cases C-
399/92,  C-409/92,  C-495/92,  C-34/93,  C-50/93  and  C-78/93  (Helmig),  the  Court  ruled  that 
this  Article  did  not  prevent  a  collective  agreement  from  restricting  payment  of  overtime 
supplements to cases where the normal working hours for full-time employees were exceeded. 
In case, C-1/95, the Court found that it was contrary to Community law to require that, for the 
purpose of calculating the length of service, periods of part-time employment of one-half and 
two-thirds of normal working time were counted only as two thirds of normal hours, except if 
justified  by  objective  criteria  unrelated  to  any  discrimination  on  grounds  of  sex.  In  case 
281/97  (Krüger),  the  Court  decided  that  an  exclusion  by  a  collective  agreement  from 
entitlement  to  a  special  annual  bonus  of  persons  in  employment  which  involves  a  normal 
working week of less than 15 hours and normal pay not exceeding a fraction of the monthly 
baseline  and  is,  on  that  basis,  exempt  from  compulsory  social  insurance  constitutes  indirect 
discrimination  based  on  sex,  where  that  exclusion  applies  independently  of  the  sex  of  the 
worker but actually affects a considerably higher percentage of women than men. 

On  the  other  hand,  the  court  has  admitted  that  a  classification  system  use  the  criterion  of 
muscular  effort  of  the  work.  Nevertheless,  in  order  for  a  classification  system  not  to  be 
discriminatory  as  a  whole,  it  must  take  into  account  criteria  for  which  workers  of  each  sex 
may  show  particular  aptitude.  In  case  109/88  (Danfoss),  the  Court  ruled  that  when  an 
undertaking applies a non transparent system of pay, it is up for the employer to prove that it 
is not discriminatory in practice. On the other hand, the Court held also that the employer had 
to  justify  the  recourse  to  the  criteria  of  mobility  and  training,  but  not  the  recourse  to  the 
criterion  of  length  of  service.  In  case  C-127/92  (Enderby),  the  Court  held  that  where 
significant  statistics  disclose  an  appreciable  difference  in  pay  between  two  jobs  of  equal 
value,  one  of  which  carried  out  almost  exclusively  by  women,  Article  119  requires  the 
employer to show that the difference is based on objectively justified factors unrelated to any 
discrimination  on  grounds  of  sex.  The  fact  that  the  pay  rates  were  agreed  by  collective 
bargaining  is  not  sufficient  objective  justification  for  the  difference  in  pay.  In  case  C-17/05 

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(Cadman),  the  Court  confirmed  its  previous  case  law  (Danfoss)  and  held  that  since,  as  a 
general rule, recourse to the criterion of length of service is appropriate to attain the legitimate 
objective  of  rewarding  experience  acquired  which  enables  the  worker  to  perform  his  duties 
better,  the  employer  does  not  have  to  establish  specifically  that  recourse  to  that  criterion  is 
appropriate  to  attain  that  objective  as  regards  a  particular  job,  unless  the  worker  provides 
evidence capable of raising serious doubts in that regard. 

There are other Directives in the field of equality between men and women which are relevant 
as far as the gender pay gap is concerned. 

It is the case, notably, of Directive 76/207/EEC, as amended by Directive 2002/73/EC, which 
aims at implementing the principle of equal treatment for men and women as regards access 
to employment, vocational training and promotion, and working conditions, which states that 
"the  application  of  the  principle  of  equal  treatment  means  that  there  shall  be  no  direct  or 
indirect discrimination on the grounds of sex in the public or private sectors, including public 
bodies, in relation to (…) employment and working conditions, including dismissals, as well 
as pay as provided for in Directive 75/117/EEC". 

It  has  also  to  be  noted  that  Directive  97/80/EC  on  the  burden  of  proof  in  cases  of 
discrimination based on sex applies to the situations covered by Article 141 EC and Directive 
75/117/EEC. This Directive lays down that "Member States shall take such measures as are 
necessary,  in  accordance  with  their  national  judicial  systems,  to  ensure  that,  when  persons 
who  consider  themselves  wronged  because  the  principle  of  equal  treatment  has  not  been 
applied to them establish, before a court or other competent authority, facts from which it may 
be presumed that there has been direct or indirect discrimination, it shall be for the respondent 
to prove that there has been no breach of the principle of equal treatment". 

Extracts from the Treaty establishing the European Community 

Article 2 

The Community shall have as its task, by establishing a common market and an economic and 
monetary union and by implementing common policies or activities referred to in Articles 3 
and  4,  to  promote  throughout  the  Community  a  harmonious,  balanced  and  sustainable 
development  of  economic  activities,  a  high  level  of  employment  and  of  social  protection, 
equality between men and women (…). 

Article 141 

(1) 

(2) 

Each Member State shall ensure that the principle of equal pay for male and female 
workers for equal work or work of equal value is applied. 

For the purpose of this article, "pay" means the ordinary basic or minimum wage or 
salary  and  any  other  consideration,  whether  in  cash  or  in  kind,  which  the  worker 
receives directly or indirectly, in respect of his employment, from his employer. 

Equal pay without discrimination based on sex means: 

(a) 

that pay for the same work at piece rates shall be calculated on the basis of the 
same unit of measurement; 

(b) 

 that pay for work at time rates shall be the same for the same job. 

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(3) 

(4) 

The Council, acting in accordance with the procedure referred to in Article 251, and 
after consulting the Economic and Social Committee, shall adopt measures to ensure 
the application of the principle of equal opportunities and equal treatment of men and 
women  in  matters  of  employment  and  occupation,  including  the  principle  of  equal 
pay for equal work or work of equal value. 

With a view to ensuring full equality in practice between men and women in working 
life,  the  principle  of  equal  treatment  shall  not  prevent  any  Member  State  from 
maintaining or adopting measures providing for specific advantages in order to make 
it easier for the underrepresented sex to pursue a vocational activity or to prevent or 
compensate for disadvantages in professional careers. 

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2. 

INDICATOR "GENDER PAY GAP IN UNADJUSTED FORM" 

The  Lisbon  strategy  has  stressed  the  need  to  address  gender  inequality  in  the  EU  labour 
markets, including the gender pay gap, and put forward an employment rate target for women. 
Structural  indicators  measuring  the  female  employment  rate  and  the  gender  pay  gap  were 
included.  The  gender  pay  gap  (in  unadjusted  form)  -  measuring  the  difference  in  average 
gross  hourly  earnings  between  men  and  women  across  the  whole  economy  and  all 
establishments  –  is  one  of  the  structural  indicators  to  monitor  progress  in  the  framework  of 
the Lisbon Strategy. 

In  2003,  the  Commission  realised  a  Staff  Working  Paper  "Gender  pay  gaps  in  European 
labour  markets  -  Measurement,  analysis  and  policy  implications"  (SEC(2003)937)  with  the 
purpose  to  review  the  definition  of  the  structural  indicator  to  monitor  the  overall  size  and 
evolution  of  the  gender  pay  gap;  to  summarise  recent  work  analysing  factors  related  to  the 
gender pay gap; and to discuss the implications of the results of these analyses for measuring 
both the gender pay gap and progress to reduce it, for data provision and for policies to tackle 
gender  pay  gaps.  Excerpts  from  this  document  are  provided  hereafter  as  background 
information on the indicator. 

2.1. 

Definition 

The definition currently used by Eurostat is as follows: 

The gender pay gap is given as the difference between average gross hourly earnings of male 
paid  employees  and  of  female  paid  employees  as  a  percentage  of  average  gross  hourly 
earnings  of  male  paid  employees.  The  gender  pay  gap  is  based  on  several  data  sources, 
including the European Community Household Panel (ECHP), the EU Survey on Income and 
Living Conditions (EU-SILC) and national sources. The target population consists of all paid 
employees aged 16-64 that are 'at work 15+ hours per week'. 

Hourly earnings are obtained by dividing gross monthly normal earnings from the main job 
by  four  times  the  number  of  worked  hours  per  week  in  the  main  job,  including  normal 
overtime, but excluding bonuses, irregular overtime, any 13th month payments and the like. 
EU estimates are population-weighted averages of the latest available national data, adjusted, 
where  possible,  to  take  into  account  a  change  in  the  data  source.  Countries  without  any 
previous gender pay gap data for a specific year are excluded from the EU estimates. Where 
data  have  been  provided  by  the  National  Statistical  Offices  based  on  national  sources,  the 
indicators for these countries cannot be considered to be fully comparable. 

It should also be noted that measures of the gender pay gap are sensitive to the data source, 
the sample restrictions and the choice of the dependent variable (hourly or monthly earnings; 
net or gross earnings; inclusion of bonus payments; etc.). 

2.2. 

Explanatory factors 

The  gender  pay  gap  varies  considerably  by  individual,  job  and  firm  characteristics.  While 
these findings provide important information on the nature of gender imbalances in the labour 
market, they do not allow conclusions as to the relative impact of the various factors on the 
overall  gender  pay  gap.  Further  analyses  are  needed  to  identify  the  factors  related  to  the 

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gender  pay  gap.  The  observed  gender  pay  gaps  could  be  due  to  a  whole  range  of  factors, 
including: 

•  personal  characteristics  such  as  age,  educational  background,  family  background, 
presence  of  children,  experience  in  the  labour  market,  previous  career  interruptions  and 
tenure on the job; 

•  job  characteristics  such  as  occupation,  working  time,  contract  type,  job  status,  career 

prospects and working conditions; 

•  firm characteristics such as sector, firm size, work organisation, recruitment behaviour and 

the firm's compensation and human resources policies; 

•  gender segregation by occupation or sector; 

•  institutional  characteristics  including  education  and  training  systems,  wage  bargaining, 
wage  formation  and  tax  and  benefit  systems,  industrial  relations,  parental  leave 
arrangements and the provision of childcare facilities before and during compulsory school 
years; as well as 

•  social norms and traditions regarding education, labour market participation, job choice, 

career patterns and the evaluation of male- and female-dominated occupations. 

The  above  personal,  job  and  firm  characteristics  reflect  systematic  differences  in  the 
composition  of  the  male  and  female  workforce.  They  can  reflect  objective  differences  in 
productivity  -  which  in  turn  would  lead  to  differences  in  wages  -  as  well  as  differences  in 
incentives, opportunity costs and preferences for job and firms characteristics - which would 
explain  systematic  differences  in  labour  market  participation,  job  access  and  career 
progression 

Many  of  these  labour  market  characteristics,  however,  could  themselves  be  the  outcome  of 
discriminatory  processes,  including  institutional  settings,  pay  policies  and  social  norms  and 
traditions. It is obvious that, in the presence of such ‘indirect discrimination’, gender pay gaps 
do  not  just  reflect  systematic  pay  differences  due  to  differences  in  choice  behaviour, 
productivity or labour market characteristics. Moreover, women or men could also be subject 
to ‘direct discrimination’ by receiving lower pay than workers with the same characteristics 
and job performance. 

It  is  therefore  one  of  the  main  challenges  to  distinguish  pay  differences  resulting  from 
different  labour  market  characteristics,  on  the  one  hand,  and  differences  due  to  indirect  or 
direct discrimination, on the other, including the societal differences in the evaluation of work 
in male and female dominated sectors or occupations. 

2.3. 

Implications for the gender pay gap indicator 

The above analysis on the determinants of gender pay gaps in the European labour markets 
show to what extent these factors and their impact on gender gaps vary across Member States. 
They also highlight the role of both direct and indirect discrimination for the gender pay gap 
and  the  related  statistical  problems  due  to  e.g.  (endogenous)  educational  or  occupational 
choice and (selective) labour market participation in measuring and analysing the gender pay 

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gap,  thus  clarifying  the  difficulties  encountered  when  adjusting  gender  pay  gaps  and 
interpreting the results.  

The results summarised above confirm in particular the complex nature of gender equality and 
gender  gaps  in  labour  markets  as  multi-facetted  social  and  economic  phenomena,  including 
the working of education and training, job classification and wage formation systems as well 
as  social  norms  and  traditions.  In  particular  no  clear  borders  exist  between  composition 
effects and remuneration effects. Furthermore, selection effects might complicate the analysis. 
The gender pay gap (in unadjusted form) gives an overall picture of gender pay equality and 
has  therefore  so  far  been  chosen  as  structural  indicator  to  measure  gender  inequalities  in 
earnings and express the related challenges. 

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3. 

STATISTICS  ON  THE  PAY  GAP  AND  THE  SITUATION  OF  WOMEN  ON  THE  LABOUR 
MARKET 

Figure 1 – Gender pay gap in the EU, 2005 (%) (1) 

30

25

20

15

10

5

0

Y
C

E
E

K
S

I

E F
D

K
U

Z
C

K
D

L
N

T
A

V
L

G
B

E
S

7
2
-

U
E

T
L

U
L

S
E

O
R

R
F

U
H

L
P

L
E

E

I

T

I

I

T S
P

E
B

T
M

Source: Eurostat. 

Administrative  data  are  used  for  LU,  Labour  Force  Survey  for  FR  and  MT.  Provisional  results  of  EU-SILC 
(Statistics on Income and Living Conditions) are used for BE, EL, ES, IE, IT, AT, PT, and UK. All other sources 
are national surveys. EU-27 estimates are population weighted-averages of the latest available values. 

(1) The gender pay gap in unadjusted form is a structural indicator adopted for the follow-up of the European 
Strategy for growth and employment. It is defined as the difference between average gross hourly earnings of 
male  paid  employees  and of female  paid  employees  as a  percentage of  average  gross  hourly  earnings of  male 
paid employees. The population consists of all paid employees aged 16-64 that are at work 15+ hours per week. 

EN 

18 

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Table 1 – Gender pay gap (%) in the EU 

1995  1996  1997  1998  1999  2000  2001  2002  2003  2004  2005 

EU-27 (1) 

BE 

BG 

CZ 

DK 

DE 

EE 

EL 

ES 

FR 

IE 

IT 

CY 

LV  

LT 

LU 

HU 

MT 

NL 

AT 

PL 

PT 

RO 

SI 

SK 

FI 

SE 

UK  

17 

12 

: 

: 

15 

21 

27 

17 

13 

13 

20 

8 

29 

: 

27 

19 

22 

: 

23 

22 

: 

5 

21 

14 

: 

: 

15 

26 

17 

10 

: 

21 

15 

21 

27 

15 

14 

13 

21 

8 

28 

: 

22 

19 

23 

: 

23 

20 

: 

6 

24 

15 

: 

17 

17 

24 

16 

10 

: 

21 

13 

21 

28 

13 

14 

12 

19 

7 

27 

: 

23 

19 

24 

: 

22 

22 

: 

7 

24 

14 

: 

18 

17 

21 

17

9

:

25

12

22

26

12

16

12

20

7

26

20

22

18

23

:

21

21

:

6

20

11

:

19

18

24

16

11

:

22

14

19

26

13

14

12

22

8

27

20

16

17

21

:

21

21

15

5

17

14

23

19

17

22

16

13

:

22

15

21

25

15

15

13

19

6

26

20

16

15

21

11

21

20

:

8

17

12

22

17

18

21

16

12

22

20

15

21

24

18

17

14

17

6

26

16

16

16

20

9

19

20

12

10

18

11

23

17

18

21

16

:

21

19

18 (2)

22 (2)

24

17

15 

15 

: 

6 (2) 

18 

19 

18 

23 

24 

11 (2) 

16 

19 

17 

23 

24 

10 

15

7

16

19

18

22

25

9 (3)

21 (2)

18 

15  13 (3)

13

12 (2) 

12 

12

:

:

25

16

16

17

16

6 (2)

19

14 (2) 

11(3) 

9 (3)

: 

7 (3) 

25 

16 

17 

15 

12 

4 

18 

25 

15 

16 

14 

14 

4 

19 

9

25

17

15

14

11

4

18

:

17 (2) 

18  18 (3)

11

8

17

9

27

20 (2)

17

23 (2)

11 

10 

9 

5 (2) 

18  14 (2) 

10

9

13

: 

8 (3) 

8 (3)

23 

20 

16 

22 

24 

20 

17 

24

20

16

22  20 (3)

Source: Eurostat, Structural Indicators.  

(1) Estimate. (2) Break in series (3) Provisional value. 

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19 

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Figure 2 - Gender pay gap, breakdown by personal characteristics (1) (%) 

e
g
A

60+

50-59

40-49

30-39

<30

7

21

t

n
e
m
n
a

i

t
t

a

l

a
n
o

i
t

a
c
u
d
E

Tertiary

Post-secondary

Upper secondary

Low er secondary

13

25

27

33

31

32

35

32

31

28

25

23

22

i

e
c
v
r
e
s

f
o
t
h
g
n
e
L

30+

20-29

15-19

10-14

6-9

1-5

0

5

10

15

20

25

30

35

40

Source: Eurostat: Structure of Earnings Survey 2002. 

(1) The unadjusted gender pay gap (GPG) is defined as the difference between men's and women's average gross 
hourly  earnings  as  a  percentage  of  men's  average  gross  hourly  earnings.  The  data  presented  above  (EU-27) 
covers  enterprises,  with  10  or  more  employees,  in  the  sectors  of  industry  and  services  excluding  public 
administration (NACE Rev.1.1 C to K).  

EN 

20 

   EN 

 
 
 
 
 
Figure 3 - Gender pay gap, breakdown by enterprise characteristics (1) (%) 

Total Industry & services

Mining & quarrying

Manufacturing

Electricity, gas & w ater supply

Construction

Trade

Hotels & restaurants

Transport et communication

Financial intermediation

Business services

1000+

500-999

250-499

50-249

10-49

r
o

t
c
e
S

e
s
i
r
p
r
e
t
n
e
f
o
e
z
S

i

10

18

18

34

37

25

27

24

26

29

28

29

26

27

21

0

5

10

15

20

25

30

35

40

Source: Eurostat: Structure of Earnings Survey 2002. 

(1) The unadjusted gender pay gap (GPG) is defined as the difference between men's and women's average gross 
hourly  earnings  as  a  percentage  of  men's  average  gross  hourly  earnings.  The  data  presented  above  (EU-27) 
covers  enterprises,  with  10  or  more  employees,  in  the  sectors  of  industry  and  services  excluding  public 
administration (NACE Rev.1.1 C to K). 

EN 

21 

   EN 

 
 
 
t
c
a
r
t
n
o
c

t

n
e
m
y
o
p
m
E

l

n
o

i
t

a
p
u
c
c
O

Figure 4 - Gender pay gap, breakdown by job characteristics (1) (%) 

Indefinite duration

26

Fixed term

9

Other

15

Legislators, senior officials and managers

Professionals

Technicians and associate professionals

28

28

33

Service w orkers and shop and market sales w orkers

10

Clerks

17

Craft and related trades w orkers

48

Plant and machine operators and assemblers

29

Elementary occupations

21

0

5

10

15

20

25

30

35

40

45

50

Source: Eurostat: Structure of Earnings Survey 2002.  

(1) The unadjusted gender pay gap (GPG) is defined as the difference between men's and women's average gross 
hourly  earnings  as  a  percentage  of  men's  average  gross  hourly  earnings.  The  data  presented  above  (EU-27) 
covers  enterprises,  with  10  or  more  employees,  in  the  sectors  of  industry  and  services  excluding  public 
administration (NACE Rev.1.1 C to K). 

EN 

22 

   EN 

 
 
 
Figure 5 - Employment rates in the EU - 2006 

Women

Men

71.6

57.1

t
n
e
c
r
e
p

90

80

70

60

50

40

30

20

10

0

DK SE NL

FI UK

EE AT LV

PT

SI DE LT CY

IE

FR EU-
27

CZ

LU BG BE ES RO SK HU PL

EL

IT MT

Source: Eurostat, Labour Force Survey (LFS), annual averages. 

Provisional data for FR and EU-27 

Figure 6 - Absolute gender gap in employment rates in the EU - 1998 and 2006 
(Difference between men's and women's employment rates) 

Left bar: 1998 (1)     Right bar: 2006

s
t
n

i

o
p
e
g
a
t
n
e
c
r
e
p

45

40

35

30

25

20

15

10

5

0

18.3

14.5

FI

SE

LT

EE

DK

LV

BG

SI

FR

DE

UK

RO

PT

HU

PL

NL

AT

BE EU27 SK

CZ

LU

IE

CY

ES

IT

EL

MT

Source: Eurostat, Labour Force Survey (LFS), annual averages.  

Exception to the reference year : (1) 2000 : BG, CY and MT. FR, EU27: provisional data. 

EN 

23 

   EN 

 
 
 
 
Figure 7 - Share of part-time workers in total employment - 2006 

Women

Men

31.2

7.7

t
n
e
c
r
e
p

80

70

60

50

40

30

20

10

0

BG SK HU LV CZ RO EL EE

SI

LT CY PL PT

FI MT ES

IT

FR EU-
27

DK LU AT SE BE UK DE NL

Source: Eurostat, Labour Force Survey (LFS), Annual results 

IE: no data available, FR and EU-27 provisional data 

Figure 8 - Educational attainment (at least upper secondary school) 
of women and men aged 20-24 in the EU – 2006 

women

men

80.7

74.8

t
n
e
c
r
e
p

100

90

80

70

60

50

40

30

20

10

0

PL

CZ

SK

SI

LT

CY

EE

IE

SE

FI

AT

EL

LV

BE

HU

FR

DK

BG EU-
27

UK

NL

IT

RO LU

DE

ES

PT MT

Source: Eurostat, Labour Force Survey (LFS), annual averages. 

NB: BG, EL, IT, CY, MT, RO, FI : Provisional value.  

Students living abroad for one year or more and conscripts on compulsory military service are not covered by the 
EU Labour Force Survey, which may imply lower rates than those available at national level. This is especially 
relevant for CY. 

EN 

24 

   EN 

 
 
 
Figure 9 - Managers in the EU - Distribution by sex 2000 and 2006 

Left bar: 2000      Right bar: 2006

women

men

t
n
e
c
r
e
p

100

90

80

70

60

50

40

30

20

10

0

68

69

32

31

EU-
25

L V L T

F R H U U K P L

E E P T S I

RO E S

I T B G S E B E

I E C Z

F I

A T D E S K E L N L

L U D K M T C Y

Source: Eurostat, Labour Force Survey (LFS), spring results. 

Managers are persons classified in ISCO 12 and 13. FR 2006: provisional data. MT and CY: data lack reliability 
due to small sample size. IT: Change of data collection method. No data for RO in 2000 

Figure 10 - Tertiary education graduates sex and by field of study EU-25 - 2004 

Women

Men

t
n
e
c
r
e
p

100

90

80

70

60

50

40

30

20

10

0

Education Science Health and w elfare

Humanities and
arts

Social sciences,
business and law

Agriculture and
veterinary

Science,
mathematics and
computing

Engineering,
manufacturing and
construction

Source: Eurostat Tertiary education graduates include all graduates of levels ISCED 5 and 6. 

EN 

25 

   EN 

 
 
 
Figure 11 - Gender segregation in occupations in the EU - 2006 

s
t
n
o
p

i

e
g
a
t
n
e
c
r
e
p

35

30

25

20

15

10

5

0

EL RO IT MT PL NL UK AT BE LU DE PT FR SE SI ES DK IE CZ BG HU FI CY LV LT SK EE

Source:  Eurostat - LFS  

Gender  segregation  in  occupations  is  calculated  as  the  average  national  share  of  employment  for  women  and 
men  applied  to  each  occupation;  differences  are  added  up  to  produce  the  total  amount  of  gender  imbalance 
expressed as a proportion of total employment (ISCO classification). 

Figure 12 - Gender segregation in economic sectors in the EU - 2006 

i

s
t
n
o
p
e
g
a
t
n
e
c
r
e
p

25

20

15

10

5

0

RO EL MT SI

IT NL FR DE BE LU UK CZ AT DK PL CY BG HU PT ES SE IE

FI SK LT LV EE

Source:  Eurostat - LFS  

Gender  segregation  in  sectors  is  calculated  as  the  average  national  share  of  employment  for  women  and  men 
applied to each sector; differences are added up to produce the total amount of gender imbalance expressed as a 
proportion of total employment (NACE classification). 

EN 

26 

   EN 

 
 
 
 
 
Figure 13 - Employment rates of women aged 20-49, depending on whether they have 
children (under 12) – 2005 

Without children

With children

76

61.1

100

90

80

70

60

50

40

30

20

10

0

t

n
e
c
r
e
p

SI

LT

PT NL

BE

FI

AT CY

FR LV RO LU UK BG EU-
25

PL

EE

ES

EL

SK DE CZ

IT

HU MT

Source:  Eurostat, European Labour Force Survey, annual averages. 

No data available for DK, IE and SE. 

EN 

27 

   EN 

 
 
4. 

EXAMPLES OF NATIONAL INITIATIVES TO FIGHT THE GENDER PAY GAP 

BE  Guidebook on job classification available for employers and trade unions to avoid and 

eliminate gender bias in pay systems (2006). 

Equal Pay Day established, with the aim of raising awareness of the public about the 
persistence of gender wage inequality. 

2006  decision  by  the  federal  government  to  establish  an  annual  report  monitoring 
progress in reducing the gender pay gap. First report published in March 2007. 

EL  Guide for the integration of gender equality in firms, including equal pay for work of 
equal value, with recommendations to public administration and social partners. 

ES 

FR 

Spain  adopted  in  March  2007  a  new  gender  equality  law  that  notably  includes 
provisions on fighting discrimination, allowing positive action measures in collective 
agreements,  encouraging  reconciliation  of  work  and  family  life,  promoting  equality 
plans and fostering good practices(1). 

Law  on  equality  of  remuneration  between  men  and  women  (March  2006) 
strengthening women's rights in respect of maternity leave; obligation for enterprises 
to  take  steps  to  close  the  gender  pay  gap  by  31  December  2010  and  to  provide  for 
catch  up  salary  payments  to  be  made  following  maternity  or  adoption  leave. 
Obligation of gender pay bargaining in companies and sectors. 

HU   Law  aimed  at  promoting  voluntary  regulation  on  equal  opportunities;  Equal 
Opportunity  Plan  (EOP)  to  be  adopted  by  public  employers  and  private  employers 
with State-owned share over 50% for each year. 

IT 

Obligation  for  public  and  private  firms  employing  more  than  100  employees  to 
provide  statistical  information  on  the  employment  conditions  of  their  employees 
broken down by gender every two years (1991 Law on Positive Actions; Article 9, Act 
125/1991). Companies to give the report to local equality advisors and trade unions.  

LU  Obligation for social partners to bargain on equal pay (law of June 2004). Collective 
bargaining has to include a provision concerning the implementation of the principle 
of equal pay between men and women.  

NL 

Equal pay working group (2005) established, bringing together organisations relevant 
to  equal  pay  –  employees  and  employers  organisations,  the  Equal  Treatment 
Commission,  the  Dutch  Human  Resources  Policy  Association  and  the  Dutch 
Association for Employee Participation. 

PT  Obligation for all employers to display in November in a visible place for a period of 
at  least  30  days,  the  list  of  their  staff  indicating  each  employee's  earnings  (Law  No 
35/2004,  of  29  July,  Articles  452  to  457  and  490),  with  the  exception  of  central, 
regional and local administrations, public institutes and other collective public entities, 
as well as employers of domestic service workers 

Training  on  gender  equality  for  judges  and  other  agents  involved  in  the  process  of 

EN 

28 

   EN 

 
justice  administration,  promoted  by  the  Commission  for  Equality  in  Labour  and 
Employment. 

SE 

Equal Opportunities Act provides that all employers with a minimum of ten employees 
are required to prepare an annual equal opportunities plan as well as a plan of action 
for equal pay. 

UK  Equality Act (2006) places a statutory duty on all public authorities to have due regard 
to the need to eliminate unlawful discrimination and harassment and promote equality 
of opportunity between men and women. 

Source: "Gender Pay Gap – Origins and policy responses", Group of Experts on Gender, Social Inclusion and 
Employment, 2006 

(1) Added after the completion of the report. 

EN 

29 

   EN