The Netherlands Delays Implementation of the EU Pay Transparency Directive

The Netherlands is still working on the implementation of the EU Pay Transparency Directive and has not yet adopted final legislation. Although the Directive must be transposed by 7 June 2026, the Dutch government has indicated that the national legislation is unlikely to enter into force before 1 January 2027.

At the same time, the legislative process is continuing. An updated bill was submitted to Parliament in May 2026 and is still under consideration.

What Does the Dutch Bill Include?

The Dutch proposal largely follows the minimum requirements of the Directive and introduces several new obligations for employers.

Pay Information Before Employment

Employers will be required to provide candidates with information about the salary or salary range before salary negotiations begin. The aim is to ensure that job applicants have access to relevant pay information early in the recruitment process.

Ban on Questions About Previous Salary

Employers will not be allowed to ask candidates about their current or previous salary. The measure is intended to prevent historical pay inequalities from being carried over between employers.

Right to Pay Information

Employees will have the right to request information about their own pay and the average pay levels of workers performing the same work or work of equal value, broken down by gender.

Objective and Gender-Neutral Pay Criteria

Employers will be required to implement job evaluation and classification systems based on objective and gender-neutral criteria.

Pay Reporting

Employers with at least 100 employees will be subject to gender pay gap reporting requirements.

Under the current proposal, employers with at least 150 employees would submit their first report in 2028 based on pay data from 2027. This timeline differs from the Directive's original schedule and has been criticised by the European Commission.

Joint Pay Assessment

Where an unexplained pay gap of at least 5% is identified between women and men performing the same work or work of equal value, employers may be required to conduct a joint pay assessment together with employee representatives.

Status: What Happens Next?

In May 2026, the government submitted an updated bill to Parliament following comments from the Dutch Council of State. The proposal must still be considered by both the House of Representatives and the Senate before it can be adopted.

The government has previously stated that the planned entry into force date is 1 January 2027. However, the European Commission has made it clear that Member States are expected to implement the Directive by 7 June 2026 and has indicated that delays could result in infringement proceedings.

As a result, there remains some uncertainty regarding the final timeline for implementation in the Netherlands.

What Does This Mean for Employers?

Although the legislation has not yet been adopted, Dutch employers should already begin preparing by:

• reviewing pay structures and job classification systems;

• documenting criteria for pay setting and career progression;

• preparing processes to support employees' right to pay information;

• identifying and addressing potential gender pay gaps;

• ensuring recruitment processes comply with upcoming pay transparency requirements;

• preparing systems for future pay reporting obligations.

Organisations that begin preparing early will be better positioned when the Netherlands' final pay transparency rules enter into force.

Read more about the implementation here.