This document is an excerpt from the EUR-Lex website
Gender equality in the labour market
The aim of this directive is to consolidate several directives on gender equality by simplifying, modernising and improving European Union (EU) legislation in the area of equal treatment for men and women in employment.
Equality between men and women is a fundamental principle of EU law that applies to several aspects of life in society, including to the world of work.
Equality in employment and working conditions
This directive prohibits direct* or indirect discrimination* between men and women concerning the conditions of:
In addition, Article 157 of the Treaty on the Functioning of the European Union prohibits discrimination on the grounds of sex in matters of pay for the same work or work of equal value. This principle also applies to job classification systems used for determining pay.
However, exceptionally, different treatment for men and women may be justified by reason of the nature of the particular occupational activity, if the measures taken are legitimate and proportionate.
EU Member States must encourage employers to act against discrimination (both direct and indirect) on the grounds of sex, and particularly against harassment* and sexual harassment*.
Equality in social protection
Women and men are treated equally under occupational social security schemes, particularly concerning:
This principle applies to the whole working population, including:
Maternal, paternal and adoption leave
At the end of maternal, paternal or adoption leave, employees have the right to:
Defence of rights
Member States must put remedies in place for employees who have been victims of discrimination, such as conciliation and judicial procedures. In addition, Member States must take the necessary measures to protect employees and their representatives against adverse treatment by the employer as a reaction to a complaint within the company or to any legal proceedings.
They must establish penalties and reparation or compensation possibilities in relation to the damage sustained.
In the case of legal proceedings, the burden of proof is shared between the person who lodges the discrimination complaint and the party accused of discrimination. If the complainant presents facts to the court that can create a presumption of discrimination (e.g. all women in the company have lower salaries than men), then the plaintiff must prove that there has been no breach of the principle of equal treatment (e.g. their jobs are different or they work part-time).
It should be noted that Chapter III (Remedies and enforcement) of Directive (EU) 2023/970 on rules on pay transparency in relation to equal pay for equal work (see summary) applies to proceedings concerning any right or obligation relating to the principle of equal pay set out in Article 4 of Directive 2006/54/EC. To date, although the right to equal pay between women and men for equal work or work of equal value is enshrined in Article 157 of the Treaty on the Functioning of the European Union and in Directive 2006/54/EC, the principle has been hard to apply and enforce. The rules set out in Directive (EU) 2023/970 will apply from 7 June 2026.
Promoting equal treatment
Member States appoint bodies whose role is to promote, analyse and monitor equal treatment to ensure that the legislation is being followed and to provide independent support to victims of discrimination.
The directive had to be transposed into national law by 15 August 2008.
Directive 2006/54/EC revised and replaced several directives (75/117/EEC, 76/207/EEC, 2002/73/EC, 86/378/EEC, 96/97/EC, 97/80/EC and 98/52/EC) and their subsequent amendments.
For further information, see:
Directive 2006/54/EC of the European Parliament and of the Council of 5 July 2006 on the implementation of the principle of equal opportunities and equal treatment of men and women in matters of employment and occupation (recast) (OJ L 204, 26.7.2006, pp. 23–36).
Directive (EU) 2023/970 of the European Parliament and of the Council of 10 May 2023 to strengthen the application of the principle of equal pay for equal work or work of equal value between men and women through pay transparency and enforcement mechanisms (OJ L 132, 17.5.2023, pp. 21–44).
last update 26.05.2023