European UnionI'm paid less than my male colleague for the same job. What EU law protects me?
EU law guarantees equal pay for equal work under the Treaty on the Functioning of the European Union and the Equal Pay Directive. You have the right to claim the same pay as your male colleague doing the same or equivalent work.
What the Law Says
The cornerstone of equal pay protection in the EU is Article 157 of the Treaty on the Functioning of the European Union (TFEU), which has direct effect and binds all Member States. It is supplemented by Directive 2006/54/EC, which consolidates earlier equal treatment legislation, including pay provisions.
Article 157 TFEU states that 'each Member State shall ensure that the principle of equal pay for male and female workers for equal work or work of equal value is applied'. This means you are entitled to the same pay — including salary, bonuses, allowances, and benefits — as a colleague of the opposite sex performing the same job or work rated as equivalent under objective criteria (e.g., skill, effort, responsibility, working conditions).
Directive 2006/54/EC reinforces this by requiring Member States to ensure 'the application of the principle of equal opportunities and equal treatment of men and women in matters of employment and occupation', including 'conditions of pay'. It also mandates effective judicial remedies and prohibits employer retaliation for raising pay equality claims.
Importantly, the burden of proof shifts to the employer once you show facts suggesting discrimination — they must then prove the pay difference is based on objective, gender-neutral factors (e.g., seniority, performance, qualifications).
Statutory TextEach Member State shall ensure that the principle of equal pay for male and female workers for equal work or work of equal value is applied.
— Treaty on the Functioning of the European Union, Art 157
Statutory TextMember States shall ensure that, in the case of discrimination on grounds of sex, the burden of proof is shifted to the respondent where the claimant establishes facts from which it may be presumed that there has been discrimination.
— Directive 2006/54/EC, Art 19
What Courts Have Said
The Court of Justice of the European Union (CJEU) has consistently interpreted Article 157 TFEU broadly to strengthen equal pay rights — clarifying scope, comparators, and remedies.
Established that Article 157 TFEU (then Art 119 EEC) has direct effect, meaning individuals can rely on it before national courts even without implementing national legislation.
Confirmed that 'work of equal value' must be assessed using objective, gender-neutral criteria — not just job titles — and that employers cannot justify pay gaps with subjective or historical practices.
What to Do
Gather evidence: job descriptions, pay slips, contracts, and any documentation showing your role is the same or of equal value to your male colleague’s.
Raise the issue internally: submit a written request to HR or management asking for justification of the pay difference — this starts the formal dialogue and may trigger the burden-of-proof shift.
File a complaint within 2 years: most EU countries apply a 2-year limitation period for equal pay claims — check your national transposition law (e.g., UK Equality Act 2010, German General Equal Treatment Act).
Seek support: contact your national equality body (e.g., France’s Défenseur des droits, Germany’s Antidiskriminierungsstelle) or a trade union — they often provide free legal advice and representation.
Take legal action: if unresolved, file a claim in national court. Under EU law, courts must interpret national rules consistently with Article 157 TFEU and Directive 2006/54/EC.
Sources
Same Question, Other Jurisdictions
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US FederalNot legal advice. This article is general information based on publicly available sources, written for educational purposes. Laws change and individual situations vary. Consult a licensed attorney in your jurisdiction before acting on anything you read here. Last reviewed: 2026-06-08.