Equal pay for men and women: the Netherlands has formulated draft legislation

On 7 June 2023, the European Wage Transparency Directive entered into force. This directive consists of agreements on improving transparency and strengthening enforcement, with the aim of achieving equal pay between men and women for equal or equivalent work.

European Union member states are required to incorporate the measures in this directive into their own legislation.

In this context, the Ministry of Social Affairs and Employment (‘Ministry of SZW’) has drafted a bill on which an internet consultation was launched on 26 March 2025. This means that every citizen has four weeks to respond to this proposal.

Obligations for employers

The bill contains several obligations for employers in the Netherlands. Among other things, employers are obliged to set up objective pay structures on the basis of which they reward employees. To improve the information position of (potential) employees, various measures will also oblige employers to be more transparent about salary and wage differentials. In addition, job applicants will be prohibited from asking questions about their salary history and employers of organisations with more than 100 employees will be obliged to report on (potential) pay differences within their organisations. The Ministry of SZW will provide information and tools to support employers to comply with the new regulations in the coming period.

Rights for employees

The bill also includes several rights for (potential) employees. The right to information entails that employees can obtain insight into the average salary of employees doing the same or equivalent work. It also introduces measures to improve the position of employees in legal proceedings concerning pay discrimination.

Progress of the bill

The bill will not enter into force for the time being. After the internet consultation, the bill will be submitted to the Council of State, after which the House of Representatives and the Senate will assess the bill.

The European Directive requires countries to implement it in their national legislation by 7 June 2026.