Gender Pay Gap: Equal pay for Men and Women
CMS Portugal has a Gender Pay Gap team specialised in identifying and responding to gender inequalities
Implementation of the European Wage Directive
Why is now the time to look at pay transparency issues?
Companies currently face challenges related to pay equity between women and men, and it is essential to assess and understand the gender pay gap in order to identify any asymmetries, understand them, and implement the necessary measures to correct and mitigate them.
The adoption of pay transparency practices, supported by objective and comparable criteria, is crucial to reducing inequalities, strengthening internal trust and aligning remuneration with responsibility, experience and performance, in a fair and appropriate manner for positions and functions.
At CMS Portugal, we have a team specialising in the Gender Pay Gap. We combine legal knowledge with data analysis to support your company at all stages: diagnosis, design and implementation of measures, reporting, communication and preparation of responses to the competent authorities.
Our working methodology involves:
- Analysing and reviewing jobs and their functional content;
- Preparation and consultancy on pay equity;
- Assessing gender pay gaps;
- Identifying cases of unequal pay for men and women;
- Preparation of gender pay gap assessment plans and their implementation and monitoring;
- Training on transparency and equal pay;
- Analysing career structures and salary progression;
- Legal advice on pay transparency;
- Pay discrimination litigation consultancy.
We are available to answer any other questions you may have, as well as to identify and support your company in defining and implementing the best strategy in terms of pay transparency and equal pay.
EU Pay Transparency Directive status tracker
Frequently asked questions (FAQs) on pay equity, gender pay gap and pay transparency
Pay equity means that men and women should receive the same pay for the same work or work that is of equal value. This is supported by laws in Europe and the country where you live, such as the Pay Transparency Directive and the Labour Code.
The gender pay gap is the average difference between the salaries of men and women. This difference can be influenced by various factors, including direct or indirect discrimination, occupational segregation and unequal career progression.
These include gender stereotypes, barriers to career progression, segregation in different types of jobs, and unequal sharing of care responsibilities. Women are also paid less when they have to do the same job as men.
Pay transparency is when organizations are open about how much they pay their workers. This helps to reveal and combat gender-based pay discrimination, and enables employees and employers to take steps to ensure equal pay.
Employees can ask for and get information about their own pay and the pay of other employees in the same job or role, with this information divided by gender. Employers must tell their workers about this right every year.
Jobs adverts and job titles must be gender neutral, and employers can't discriminate during the recruitment process. When the Pay Transparency Directive is brought into law, they must also provide information on the policy for setting pay and pay progression, based on objective and gender-neutral criteria.
If they don't, they can be fined. The amount of the fine depends on the company's turnover.
Yes. If you think you have been treated unfairly, you can claim compensation for the harm you have suffered. This compensation must be real and effective, including the recovery of back pay, bonuses or related payments in kind, and compensation for non-pecuniary damage and loss of chance. It is up to the employer to show that there was no wage discrimination.
If you report pay discrimination or help others defend their equal pay rights, you are protected against any form of unfair treatment or retaliation by the employer. This protection includes a ban on dismissal or other forms of sanction.
We are available to identify and support your company in this challenge.
Legal experts for Gender Pay Gap
