Contrattazione collettiva, gender pay transparency e valore del lavoro

The article examines Legislative Decree No. 96/2026, which implements EU Directive 2023/970 on equal pay between women and men, highlighting several critical shortcomings. According to the Author, the decree focuses primarily on pay equality at company level, while neglecting the role of the social partners and the revision of job classification systems established through collective agreements, which are often influenced by gender stereotypes that disadvantage occupations predominantly performed by women. Particularly controversial is the presumption that national collective agreements concluded by the comparatively most representative trade unions at national level comply with the principles of equal pay. The Author argues that this presumption is incompatible with EU law and may hinder the identification and correction of pay discrimination. Moreover, the decree fails to provide adequate tools for assessing «work of equal value», a key concept of the Directive. Although the decree introduces new transparency obligations for employers, its implementation omits several essential provisions concerning judicial protection, the burden of proof, remedies, sanctions, the role of equality bodies, and intersectional discrimination. Consequently, Legislative Decree No. 96/2026 does not fully implement the European Directive and may fail to ensure an effective reduction of the gender pay gap.