EU Pay Transparency: Right to Information on Pay — Response Template

Main article: EU Pay Transparency Directive 2023/970: Obligations from 07.06.2026 — the Directive at a glance, pay reporting, joint pay assessment, transposition status and checklist.

This page is the working tool for the HR department: it shows under which law a request for pay information has to be answered today, and provides two fully drafted response letters with building blocks to copy. The obligations of the Directive as a whole are explained in the main article; further articles are in the AGG and pay transparency topic area.

Which law applies to the response today

Directive (EU) 2023/970 of 10 May 2023 strengthens the principle of equal pay for men and women under Art. 157 TFEU and the prohibition of discrimination under Art. 4 of Directive 2006/54/EC (Art. 1). It supplements Directive 2006/54/EC but does not replace it: its Chapter III (Remedies and enforcement) also applies to proceedings concerning the principle of equal pay under Art. 4 of Directive 2006/54/EC (Art. 26). The complete legal framework is covered in the main article.

The transposition deadline expired on 7 June 2026 under Art. 34(1). As at 17.08.2026, a German transposing act did not yet exist even as a ministerial draft bill; according to the Federal Government's reply of 8 July 2026 (BT-Drs. 21/7026), the lead ministry is still clarifying individual questions, after which the legislative procedure is to begin. In Austria, too, there is no transposing act. The Directive is addressed to the Member States and only takes effect for private employers via national law. Until then, employers in Germany answer requests under §§ 10 to 16 of the Pay Transparency Act (EntgTranspG) and also observe the AGG. The current status is kept in the main article in the section transposition status.

The Directive applies to employers in the public and private sectors and to all workers who have an employment contract or employment relationship as defined by national law, collective agreements or practice, with consideration to the case law of the Court of Justice (Art. 2(1) and (2)); for pay transparency prior to employment under Art. 5 it also applies to applicants for employment (Art. 2(3)). The requirement of equal pay under the EntgTranspG already applies today regardless of size (§§ 3, 7); only the right to information requires an establishment size of as a rule more than 200 employees (§ 12(1)). The table sets out both regimes side by side for the response.

Information under the EntgTranspG

The right to information under § 10 EntgTranspG serves to review compliance with the requirement of equal pay. Work is of equal value where the employees, taking into account a set of factors such as the nature of the work, training requirements and working conditions, can be regarded as being in a comparable situation (§ 4(2)). The response has two parts (§ 11(1)): the criteria and procedure of pay determination for the employee's own pay and for the comparator activity — where pay is set by statute or collective agreement, naming the provision and where it can be inspected is sufficient (§ 11(2)) — and the comparator pay. Employers not bound by a collective agreement count all employees of the other gender performing the comparator activity; employers bound by or applying a collective agreement count those of the other gender in the same pay group (§ 11(3) nos. 1 and 2); for pay rules in collective agreements a presumption of appropriateness applies (§ 4(5)).

For employers bound by or applying a collective agreement, the request goes to the works council, and the employer may take over the information after explaining this beforehand (§ 14(1) and (2)); where there is no works council, it goes to the employer (§ 14(3)); for all other employers it goes to the employer, with the same role for the works council where there is one (§ 15(1) and (2)). Executive staff always contact the employer (§ 13(4)); in the public service § 16 applies. In the procedure under § 15, if the employer or the works council does not consider the named activity to be the same or of equal value, it gives reasons based on the criteria of § 4 and answers in relation to an activity that is the same or of equal value (§ 15(4)). No one may be disadvantaged for exercising these rights (§ 9). A request under Art. 15 GDPR concerning the employee's own data remains available alongside (§ 10(4) EntgTranspG); for that request the one-month period of Art. 12(3) GDPR applies, extendable by two months.

The right to information under Art. 7 of the Directive

Art. 7(1) gives workers the right to request and receive in writing information on their individual pay level and on the average pay levels, broken down by sex, for the categories of workers doing the same work or work of equal value. Pay level means gross annual pay and the corresponding gross hourly pay (Art. 3(1)(b)); pay comprises the ordinary basic or minimum wage or salary and all complementary or variable components (Art. 3(1)(a)). The information is to be provided within a reasonable period, at the latest within two months from the date on which the request is made (Art. 7(4)), and in a format accessible to persons with disabilities (Art. 8).

Art. 3(1)(g) defines "work of equal value" via the criteria of Art. 4(4): skills, effort, responsibility and working conditions, applied in an objective, gender-neutral manner and agreed with workers' representatives where such representatives exist. Under Art. 4(2), the Member States provide tools and methodologies for the analysis. For the employer this means: the category of workers in the response must be derivable from a comprehensible evaluation system.

Workers may not be prevented from disclosing their pay for the purpose of enforcing the principle of equal pay; the Member States are to prohibit contractual terms that restrict this (Art. 7(5)). The employer may only require that information other than the worker's own pay is used solely for the purpose of exercising the right to equal pay (Art. 7(6)); personal data from the information are in any case purpose-bound (Art. 12(2)). In addition there is the annual information of all workers about their right and the steps to exercise it (Art. 7(3)), in practice via the intranet or an annex to the payslip. These obligations only become binding for private employers with the transposing act.

Template response A: information under the EntgTranspG

Version A is the letter for today. It is suitable for employers in Germany whose establishment has as a rule more than 200 employees. Placeholders are in square brackets; alternatives are separated by a slash.

Header and introduction

To: [First name Last name]
Personnel number: [...]
Activity / department: [...]
Date: [...]

Subject: Information under § 10 EntgTranspG on your request for information of [date of receipt]

Dear [...],
your request for information in text form reached us on [date of receipt]. You named [named activity] as the comparator activity and requested information on the average monthly gross pay and on the following pay components: [at most two components]. The information is provided by [the employer / the works council]. [Only for employers that are neither bound by nor apply a collective agreement:] We hereby answer your request within the three-month deadline under § 15(3) EntgTranspG.

Building block 1: criteria and procedure of pay determination

• Your pay: [grading / job evaluation, criteria for base salary and variable components, procedure for setting them]
• Comparator activity: [criteria and procedure for the pay of the comparator activity]
• Where set by collective agreement: [collective agreement, pay group], available for inspection at [place of inspection] (§ 11(2) EntgTranspG)

Building block 2: comparator activity

• Comparator activity: [designation]
• [Only for employers that are neither bound by nor apply a collective agreement:] The comparator activity is [predominantly / not predominantly] performed by employees of the other gender (§ 15(4) EntgTranspG).
• [Only for employers that are neither bound by nor apply a collective agreement:] Only if the named activity is not the same or of equal value: [reasons based on the criteria of § 4 EntgTranspG]; the information therefore relates to [activity of equal value].

Building block 3: comparator pay

Where fewer than six employees of the other gender perform the comparator activity, this sentence replaces the table: "Under § 12(3) EntgTranspG the comparator pay cannot be stated, because the comparator activity is performed by fewer than six employees of the other gender."

Building block 4: methodology

The comparator pay is the statistical median of the average monthly gross pay, extrapolated to full-time equivalents and relating to calendar year [YYYY]. Included were [all employees of the other gender performing the comparator activity / the employees of the other gender in your pay group] (§ 11(3) EntgTranspG). The allocation is based on [job evaluation system / collective agreement].

Building block 5: notes on your rights

If you consider that your pay infringes the requirement of equal pay (§ 7 EntgTranspG), you may assert your rights in court. You may also contact the Federal Anti-Discrimination Agency, which provides independent support, informs about claims and can seek an amicable settlement (§§ 25, 27 AGG). You may not be disadvantaged for exercising your rights under the EntgTranspG (§ 9 EntgTranspG). In a dispute, § 22 AGG governs the burden of proof.

Building block 6: data protection and use

Your request for information was processed on the basis of Art. 6(1)(c) GDPR in conjunction with §§ 10 to 12 EntgTranspG. Only the persons entrusted with answering it have knowledge of the data (§ 12(3) EntgTranspG). You may use the information to assert your rights under the EntgTranspG; publication of personal pay data and disclosure to third parties are not covered by this (§ 8(2) EntgTranspG). A new request for information is possible before two years have elapsed if the circumstances have changed significantly (§ 10(2) EntgTranspG).

Yours sincerely,
[Head of HR / works council]

How the median and the full-time extrapolation are produced in practice is shown in the median calculation per gender.

Template response B: information under Art. 7 of the Directive (preparation)

Version B reflects Art. 7 and serves as preparation. It only becomes binding with the transposing act; its provisions, deadlines and points of contact are then to be inserted in the marked placeholders. For Austria it is the only one of the two versions that fits.

Header and introduction

To: [First name Last name]
Personnel number: [...]
Position: [...]
Date: [...]

Subject: Information on your pay level and the average pay levels of your category of workers ([provision of the transposing act]; Art. 7 Directive (EU) 2023/970)

Dear [...],
by your request of [date of request] you asked [personally / via the workers' representatives / via the equality body] for information on your pay level and on the average pay levels of the workers performing the same work or work of equal value. We hereby provide the information in writing within the two-month deadline (Art. 7(4)).

Building block 1: your pay level

• Reference period: [calendar year / twelve months]
• Gross annual pay: EUR [...], of which base salary EUR [...] and complementary or variable components (for example bonuses, commissions) EUR [...]
• Gross hourly pay: EUR [...]

Building block 2: your category of workers

• Category: [designation / job family]
• Evaluation criteria: [skills, effort, responsibility, working conditions] (Art. 4(4))
• Size of the category: [n] persons, of whom [n] women and [n] men

Building block 3: average pay levels by sex

If the transposing act provides, under Art. 12(3), a rule for information that would disclose the pay of an identifiable person, that rule applies: [for example access only via the workers' representatives or the equality body]. The Directive sets no fixed minimum size.

Building block 4: methodology

The category was formed on the basis of the evaluation system [name]. The base salary and all complementary or variable components in the reference period [...] were taken into account; [note on part-time employees and employees who joined or left during the year].

Building block 5: your rights

If you consider the information inaccurate or incomplete, you may request clarifications personally or via your workers' representatives; you will then receive a reasoned reply (Art. 7(2)). You may contact [equality body under the transposing act]. You may not be treated less favourably for exercising your rights relating to equal pay (Art. 25(1)).

Building block 6: data protection and use

We process the data in accordance with the GDPR (Art. 12(1)) on the basis of Art. 6(1)(c) GDPR in conjunction with [provision of the transposing act] and only for the purpose of implementing the principle of equal pay (Art. 12(2)). You may disclose your own pay for the purpose of enforcing the principle of equal pay (Art. 7(5)). Please use the other information in this reply only for exercising your right to equal pay (Art. 7(6)).

Yours sincerely,
[Head of HR / Compliance]

The information process in seven steps

The steps follow applicable German law; where the Directive will require more later, this is noted.

1. Date and allocate the request: record the date of receipt, check text form (§ 10(2) EntgTranspG), check the establishment size (§ 12(1)), clarify responsibility (works council or employer under §§ 14, 15; executive staff under § 13(4)) and check whether the last request was less than two years ago.
2. Enter the deadline: in the procedure under § 15 three months from receipt (§ 15(3)); for the procedure under § 14 the Act sets no deadline. Anyone preparing for the Directive plans internally with two months (Art. 7(4)); this is a practical recommendation, not an obligation today. If the deadline is about to be missed, inform the requesting person.
3. Check the comparator activity: same or of equal value under § 4 EntgTranspG? If not, give reasons in writing in the procedure under § 15 and choose an activity of equal value (§ 15(4)).
4. Form the comparator group and check aggregation: at least six employees of the other gender, otherwise no figure (§ 12(3)); define the circle of persons with access to the data.
5. Calculate: median of monthly gross pay, extrapolated to full-time, calendar year, up to two components (§ 11(3)).
6. Respond: send version A in text form; if the employer takes over the information, inform the works council about the request and the response (§ 14(2)).
7. Document and inform: file the response, the basis of calculation and the date, because if the information is not provided the employer bears the burden of proof in the procedure under § 15 (§ 15(5)). Prepare the annual information under Art. 7(3) as a text so that it can be distributed without delay once the transposing act applies.

What else matters for the response

The following topics belong to the Directive but are only the framework for the individual response letter. They are covered in detail in the main article and in the cluster articles.

Pay reporting

Under Art. 9(2), employers with 250 or more workers are to report by 7 June 2027 and annually thereafter, employers with 150 to 249 workers by 7 June 2027 and every three years thereafter, employers with 100 to 149 workers by 7 June 2031 and every three years thereafter (Art. 9(3) and (4)); the obligation only arises with the transposing act. Today, § 21 EntgTranspG applies in Germany to employers with as a rule more than 500 employees that are required to prepare a management report. Thresholds and content are explained in the main article in the sections thresholds and pay reporting.

Joint pay assessment

Art. 10(1) requires a joint pay assessment with the workers' representatives only from employers subject to reporting and only where three conditions coincide: a difference in average pay level of at least 5 per cent in a category of workers, no justification on the basis of objective, gender-neutral criteria and no remedy within six months of the date of the pay reporting. The procedure is described in the Pay Equity Audit 2026, the conditions in the main article in the section joint pay assessment.

Burden of proof

Under Art. 18(2), the employer must prove that there has been no pay discrimination where it has not complied with transparency obligations under Art. 5, 6, 7, 9 or 10; this does not apply where the infringement was manifestly unintentional and minor. Until transposition, § 22 AGG applies in Germany, supplemented by § 15(5) EntgTranspG (procedure under § 15); in Austria the prima facie showing under § 12(12) GlBG. More in depth: § 22 AGG and pay and the main article, section fines and burden of proof.

Penalties and public contracts

Art. 23(2) requires fines under national law but names neither an amount nor a basis of assessment; specific penalties are to be provided for repeated infringements (Art. 23(4)). Under Art. 24(2), contracting authorities may exclude undertakings from procurement procedures where transparency obligations are breached or an unjustified pay gap of more than 5 per cent exists in a category of workers. In the absence of a transposing act, there is not yet a range of fines for this in Germany. More on this in the main article, section fines and burden of proof.

Austria: income report instead of a right to information

In Austria, the requirement of equal pay for the same work or work of equal value is laid down in § 3 no. 2 and § 11 GlBG. Anyone alleging pay discrimination must establish it on a prima facie basis; the defendant party must then prove that, weighing all the circumstances, another motive was more probable or a ground of justification exists (§ 12(12) GlBG). Advice and support are provided by the Ombud for Equal Treatment (§ 3 GBK/GAW Act). For requests from employees in Austria only version B is suitable, and then as preparation for the future transposing act.

Conclusion: three building blocks for every response

The pay information request is the point at which equal pay becomes practical for the employer. Every HR department needs three building blocks: a ready response template for applicable law and one for the Directive, a deadline process that today meets three months in the procedure under § 15 EntgTranspG and can be switched to two months, and an analytical evaluation system that justifies the comparator group. Anyone who has these three building blocks mainly has to add provisions, deadlines and points of contact once the transposing act arrives, and fill in the placeholders of version B.

In the AGG Kit (61 documents: 47 Word, 12 Excel, 2 PowerPoint), the pay transparency module comprises an implementation guide, a gender pay gap analysis, a response scheme for the right to information and a pay band in the job advertisement; the requirements of the Directive are shown there as preparation, not as an applicable national obligation. The kit is available as a version for Germany or Austria: Basic EUR 990, Plus EUR 1,390 with training pack, Complete EUR 1,690 with e-learning, each net and one-off, with 12 months of legal-status updates and for businesses only. The AGG training e-learning is also available on its own; suitable training counts as fulfilment of the employer's duty of protection under § 12(2) AGG.