IS THE RIGHT TO EQUAL PAY FOR EQUAL WORK OR WORK OF EQUAL VALUE DISTANT REALITY OR ONLY UTOPIA?

Abstract

In the presented article we analyze the issue of equal pay for equal work or work of equal value. The principle of equal pay is regulated quite broadly in European legislation; however, its practical application does not correspond to the intention of the legislators and the pay gap in the European Union is still at the level of 14.1%. The authors deal with Slovak and European legislation, case law of the Court of Justice of the European Union as well as a new directive of the European Parliament and the Council, which strengthens the application of the principle of equal pay for men and women for equal work or work of equal value through transparency of remuneration and stronger enforcement mechanisms. Will this new legislative framework be without an impact on application practice, or can the new directive really help to eliminate the pay gap and thus prevent disputes? What is the role of so-called single source? The authors are of the opinion that the form of transposition of the Directive by the Member States will be a key variable in answering the presented question.