It is a well-known fact, not just a feeling: unequal treatment—the so-called gender gap—is tangible in the workplace, albeit in differing ways. Indeed, it is also true that in certain business sectors and positions, it is markedly more evident than in others. Sometimes this disparity stems from a work environment shaped by local traditions, making it a cultural phenomenon as well—and thus significantly more common in some countries than in others.

Equal pay: a founding EU principle

For years, the European Community has been working to find a solution to reduce this phenomena. Directive No. 970/2023 itself, which required Member States to implement national measures to tackle it, is in turn the result of lengthy discussions that have engaged the Council of the European Community since 2019. Ensuring equal pay for the same work or for work of equal value is a fundamental principle in the EU, set out in Article 157 of the Treaty on the Functioning of the European Union (TFEU). Pursuant to that article, each Member State is responsible for ensuring the application of the principle of equal pay between male and female workers for the same work or for work of equal value.

Under the Treaty, “pay” refers to the total compensation paid by the employer to the employee in connection with the employee’s employment. To be more specific: the normal base or min...