Italy Update: Equal pay for male and female workers: can be invoked both for “same work” and for “work of equal value”

 Court of Justice of the European Union – Judgment of 3 June 2021, case no. C-624/19

The Court of Justice of the European Union, with the judgment of 3 June 2021, issued in case no. C-624/19, clarified that the principle of equal pay between male and female workers, sanctioned by Article 157 of the TFEU, is directly applicable – and consequently invocable by the citizen in proceedings between private individuals – not only in the face of one ” same work “, but also in the hypothesis of “work of equal value “.

In the present case, a British company active in the sale of foodstuffs was sued for violation of art. 157 of the TFEU, by some of its employees, because they had not benefited from a salary equal to that received by colleagues for the same job (carried out in different establishments), in violation of the law of 2010 on equal treatment as well as of the article 157 TFEU.

The company defended itself by arguing that art. 157 of the TFEU (according to which ” each Member State ensures the application of the principle of equal pay for male and female workers for the same work or for work of equal value“) Had a direct effect only in the context of actions based on” the same work “, but that in the face of” work of equal value “the rule needed to be specified by provisions of national law or EU law. The Court rejected the company’s argument, stating that Article 157 of the TFEU cannot support such an interpretation and that it requires the application of the principle of equal pay for male and female workers in the the case in which the work is equal or, according to its constant jurisprudence, is of equal value. The assessment of the nature of “same work” or “work of equal value” of the work performed by the employees concerned, as provided for in Article 157 TFEU, involves a factual assessment by the judge. In this regard, the Court recalled that the national court, which is the only one competent to verify and evaluate the facts, in ascertaining whether or not the work carried out by workers has the same value as that carried out by workers, must take into account the concrete nature of the performed activities. 

According to the Court:

• Article 157 TFEU can be invoked before national courts in a dispute based on work of equal value carried out by workers of different sexes having the same employer and at different establishments of that employer, since the latter constitutes a single source. must take into account the concrete nature of the activities carried out. 
• Article 157 TFEU can be invoked before national courts in a dispute based on work of equal value carried out by workers of different sexes having the same employer and at different establishments of that employer, since the latter constitutes a single source. must take into account the concrete nature of the activities carried out.
• Article 157 TFEU can be invoked before national courts in a dispute based on work of equal value carried out by workers of different sexes having the same employer and at different establishments of that employer, since the latter constitutes a single source.

By Quorum, Italy, a Transatlantic Law International Affiliated Firm. 

For further information or for any assistance please contact italy@transatlanticlaw.com

Disclaimer: Transatlantic Law International Limited is a UK registered limited liability company providing international business and legal solutions through its own resources and the expertise of over 105 affiliated independent law firms in over 95 countries worldwide. This article is for background information only and provided in the context of the applicable law when published and does not constitute legal advice and cannot be relied on as such for any matter. Legal advice may be provided subject to the retention of Transatlantic Law International Limited’s services and its governing terms and conditions of service. TransatlanticLaw International Limited, based at 42 Brook Street, London W1K 5DB, United Kingdom, is registered with Companies House, Reg Nr. 361484, with its registered address at 83 Cambridge Street, London SW1V 4PS, United Kingdom.