Italy
Is there any existing legal requirement to report on any gender pay gap?
Yes, this is provided by Legislative Decree no. 198/2006.
If so, what are the requirement triggers?
Companies with more than 50 employees must prepare a report on the male and female employment situation in the company, including pay information.
What frequency of reporting is required?
At least every two years.
Is the report required to be published externally?
No, but the report must be submitted to the Union representatives at company level. The information contained in the report is then acquired by the National Labour Inspectorate (so-called “INL”) and by the Italian Ministry of Labour.
Is there a sanction for non-compliance with the duty to report?
Yes. Should the INL identify a violation of the reporting duty, through the competent regional office, they will warn the company to comply within 60 days and, if it fails to do so, an administrative fine ranging from €103 to €516 applies. If the company does not comply within more than 12 months, a one year suspension of any contributory benefits enjoyed by the company may be ordered. If, on the other hand, the report contains false or incomplete information, an administrative fine ranging from €1,000 to €5,000 applies.
Has Italy yet fully transposed the requirements of the Pay Transparency Directive? If yes, what was the implementation date and what is the name of the legislation?
No.
If the Pay Transparency Directive has not yet been transposed, what steps have been taken towards implementation?
None to date, although companies have been taking preparatory steps by starting to adopt evaluation systems based on workers’ expertise, knowledge and skills as part of steps to start reducing the gender pay gap.
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