Løntransparensdirektivet betragtning 29

English language version pr. 2026-10-06 tier 3 Direktiv (EU) 2023/970, CELEX 32023L0970

The Court of Justice has clarified that in order to assess whether workers are in a comparable situation, the comparison is not necessarily limited to situations in which men and women work for the same employer ( 9 ) . Workers may be in a comparable situation even when they do not work for the same employer whenever the pay conditions can be attributed to a single source establishing those conditions and where those conditions are equal and comparable. This may be the case when the relevant pay conditions are regulated by statutory provisions or agreements relating to pay applicable to several employers, or when such conditions are laid down centrally for more than one organisation or business within a holding company or conglomerate. Furthermore, the Court of Justice has clarified that the comparison is not limited to workers employed at the same time as the claimant ( 10 ) . Additionally, when performing the actual assessment, it should be recognised that a difference in pay may be explained by factors unrelated to sex.