Portugal
Is there any existing legal requirement to report on any gender pay gap?
Yes. Law 60/2018 of 21 August, which has been in force since February 2019, requires relevant measures to promote pay equality between women and men for equal work or work of equal value. Among other aspects, it requires companies to implement transparent pay policies through mechanisms for evaluating job components based on objective criteria.
If so, what are the requirement triggers?
All companies with employees must send a Social Report to the Labour Inspection Authority, giving information on pay grades divided by gender, amongst other information.
What frequency of reporting is required?
Annually. This report must be submitted by electronic means between 16 March and 15 April in reference to the previous year.
Is the report required to be published externally?
No, but some specific information should be previously validated by the workers' representatives.
Is there a sanction for non-compliance with the duty to report?
Yes. Administrative fines may be imposed. Non-compliance with the obligation to submit the report is deemed a serious administrative offence, and the imposed fine varies according to the company’s turnover and the degree of fault.
Has Portugal 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. However, the Commission for Equality in Labour and Employment (CITE) is consulting with social partners to present the Government with an assessment of the execution of the current law, using this discussion and contributions to anticipate the future transposition of the Directive.
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