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Pay transparency

Arbeitab 9 J.
From June 2026, employers must state the salary in the job advertisement (EU directive). Asking about your previous salary will be banned. If there is a pay gap of more than 5%, measures must be taken.

The EU Pay Transparency Directive (2023/970) brings fundamental changes to salary negotiations in Germany – to be implemented by June 2026.

What's changing:

1. Salary in job adverts (mandatory!):

• Employers must state the starting salary or salary range in the advert itself
• At the latest before the job interview
• Prohibited: asking applicants about their previous salary

2. Right to information for EVERYONE:

• Every employee can find out what colleagues in comparable positions earn
• Regardless of company size (previously: only from 200 employees)
• Broken down by gender

3. Reversal of the burden of proof:

• It's NOT you who has to prove discrimination – the employer has to prove there is NONE

4. 5% rule:

• If there is a pay gap of more than 5% between men and women, measures must be taken
• Together with the works council

Sanctions for violations:

• Entitlement to back pay, damages, compensation
• Fines depending on company turnover
• Possible exclusion from public contracts

Current situation:

• Gender pay gap in Germany 2025: 16% (unadjusted)
• At the current pace, the gap would only be closed in 90 years

Did you know? The German government's expert commission proposed introducing the individual right to information only a year later (June 2027). Whether that is permissible under EU law is highly controversial – if implementation is delayed, employees could assert their rights directly under the EU directive.
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