The new law marks a significant shift in the way businesses must determine, document, and monitor employee remuneration. Compliance is no longer limited to the general prohibition of gender discrimination. Employers are now required to be able to demonstrate that their pay structures and any differences in remuneration are based on objective, impartial, and gender-neutral criteria.
At the same time, the law introduces transparency obligations from the recruitment stage, employee rights to access pay information, periodic reporting obligations regarding the gender pay gap, a joint pay assessment procedure, and enhanced judicial and administrative remedies.
Key Dates for Entry into Force and Full Application:
The main provisions concerning pay transparency, enforcement mechanisms, and procedures for examining related employment disputes will enter into force on 1 November 2026 (Article 48 (1) and (2), Law 5316/2026).
From 1 November 2026, Articles 8–20 and 27 become applicable as follows:
A. Pay Transparency Obligations
- Article 8: Pay structures, equal work and work of equal value,criteria for determining and progressing remuneration.
- Article 9: Pay transparency before employment commences.
- Article 10: Employees’ right to information regarding pay levels.
- Article 11: Reporting on the gender pay gap.
- Article 12: Joint pay assessments.
- Article 13: Personal data protection in the processing of pay information.
- Article 14: Social dialogue regarding pay equality.
Β. Remedies and Enforcement Mechanisms
- Article 15: Protection of rights and the possibility of initiating proceedings on behalf of or in support of employees.
- Article 16: Civil and administrative sanctions, the right to full compensation, and commencement of limitation periods.
- Article 17: Compliance orders and other administrative measures.
- Article 18: Reversal of the burden of proof, expansion of the comparator framework, and access to evidence.
- Article 19: Limitation periods for claims against the State.
- Article 20: Protection against retaliation and less favourable treatment.
C. Procedure Before the Labour Inspectorate
- Article 27: Special procedure for the examination of labour disputes concerning alleged direct or indirect discrimination in pay on grounds of sex.
Accordingly, Articles 8–20 and 27 constitute the core of the new pay transparency framework and will apply in their entirety from November 1st, 2026.
1. Scope of Application and Key Concepts
The equal treatment provisions cover a broad range of individuals in both the public and private sectors. However, the specific obligations relating to pay structures, information rights, reporting, joint pay assessments, and data protection apply to all employers and employees engaged under an employment contract or employment relationship in the private sector, as well as the public-sector bodies specified by law. The pre-employment transparency provisions apply to job applicants. (Article 4 of Law 5316/2026; Article 47(2) and (3) of the Labour Code).
“Pay” includes not only the basic or minimum salary, but also any other consideration, in cash or in kind, received directly or indirectly by an employee in return for work performed. This includes, among other things, allowances, bonuses, variable remuneration, and benefits in kind. (Article 5 of Law 5316/2026; Article 35(e) of the Labour Code).
“Work of equal value” is determined on the basis of objective and gender-neutral criteria. Likewise, a “category of workers” means a group of workers performing the same work or work of equal value who are grouped in a non-arbitrary way on the basis of the same objective criteria. (Article 5 of Law 5316/2026; Article 35(13) and (14) of the Labour Code).
2. Obligation to Establish and Implement Pay Structures
Every employer must establish and apply pay structures that ensure equal pay between women and men for equal work or work of equal value. (Article 8(2) of Law 5316/2026, Article 37(2) of the Labour Code).
Pay structures must:
- Be based on objective and gender-neutral criteria;
- Allow for comparative assessment of positions and categories of employees;
- Be documented in writing;
- Include a review procedure;
- Clearly identify the components that make up the remuneration of each category of employees; and
- Be applied in an objective and gender-neutral manner.
Employers bound by a collective labour agreement may use the classifications and salary scales contained in that agreement. However, this does not eliminate the need to review additional or variable benefits that are not regulated by the agreement.
The assessment of the value of work must, at a minimum, take into account:
- Required skills;
- Effort expended;
- Degree of responsibility;
- Working conditions; and
- Any other factor relevant to the specific job or position, such as seniority and relevant non-technical skills.
Where employee representatives exist, the criteria must be established in agreement with them (Article 8(3) of Law 5316/2026; Article 37(3) of the Labour Code).
Employers must also make easily accessible to employees the criteria used for determining pay, pay levels, and pay progression.
Employers with fewer than 50 employees may refrain only from providing information specifically relating to pay progression criteria. They remain subject to all other obligations under the law (Article 8(4) of Law 5316/2026).
Legal Note:
The law does not prohibit all differences in pay. However, any difference in treatment must be based on criteria that are lawful, objective, necessary, consistent, and adequately documented. The absence of a structured pay framework may significantly weaken an employer’s position in the event of an inspection or challenge.
3. Compliance Guides and Tools
The Ministry of Labour and Social Insurance and the General Secretariat for Equality and Human Rights, in cooperation with the Greek Ombudsman, must make available tools and methodologies for developing gender-neutral job evaluation and classification systems. The use of a specific tool or methodology is not mandatory, provided that the employer applies another equivalent and adequately documented system (Article 8(6) of Law 5316/2026).
Useful support materials, including guides, checklists, self-assessment tools, and job evaluation methodologies, are available on the FAIR PAY platform:
https://fairpay.isotita.gr/
These tools may assist businesses in preparing for compliance but do not replace an individualized legal assessment of a company’s pay policies and specific organizational characteristics. At the same time, a Joint Ministerial Decision is expected to be issued by the Ministers of Labour and Social Insurance and Social Cohesion and Family, specifying support measures available to businesses (Article 31).
4. Pay Transparency Before Recruitment
Employers must ensure that job advertisements and job titles are gender-neutral and that recruitment procedures do not introduce direct or indirect discrimination (Article 9(2) of Law 5316/2026; Article 41(2) of the Labour Code).
Job applicants are entitled to receive information regarding:
- the initial salary or salary range for the position, based on objective and gender-neutral criteria; and
- any relevant provisions of the applicable collective labour agreement.
Such information must be provided within a reasonable time before the interview or, where no interview takes place, before the conclusion of the employment contract. It may be communicated in writing or orally, through job advertisement, electronic communications, a professional platform, or any other appropriate means (Article 9(3) of Law 5316/2026).
Employers, and any person acting on their behalf, are prohibited from requesting information regarding a candidate's current or previous salary history (Article 9(4) of Law 5316/2026).
Practical Implications:
Businesses should review:
- job advertisement templates;
- interview scripts;
- application forms;
- offer letters;
- instructions provided to external recruiters; and
- data fields maintained in recruitment and applicant-tracking systems.
5. Employees' Right to Information
Every employee has the right to request, in writing, from their employer:
- information regarding their individual pay level; and
- information regarding the average pay levels, broken down by gender, of workers in the category performing the same work or work of equal value (Article 10(1) of Law 5316/2026; Article 56A (1) of the Labour Code).
Requests may be submitted directly by the employee, through employee representatives, or through the Greek Ombudsman. Where the information provided is inaccurate or incomplete, the employee is entitled to request additional clarification and a reasoned response (Article 10 (2) of Law 5316/2026).
The employer must:
- respond within a reasonable period and in any event within two (2) months of the request;
- inform all employees annually of this right and the procedure for exercising it; and
- provide information in an accessible format for persons with disabilities (Article 10 (3) (4) (7) of Law 5316/2026).
An employer may refuse to provide information where the request is clearly disproportionate or abusive, particularly due to its repetitive nature. In such cases, the employee may refer the matter to the Greek Ombudsman, who will assess whether the request is justified (Article 10(5) of Law 5316/2026).
Clauses contained in individual or collective agreements, or in workplace regulations, may not prohibit an employee from disclosing their own remuneration where such disclosure is intended to protect the principle of equal pay. However, employees and their representatives remain bound by confidentiality obligations regarding third parties’ pay data obtained through this process.
6. Gender Pay Gap Reporting
The obligation to submit periodic gender pay gap reports applies to employers with an average workforce of at least 100 employees. The number of employees is determined on the basis of the average workforce during the previous calendar year. (Article 11(4) of Law 5316/2026; Article 56B(4) of the Labour Code).
The report must include:
- the overall gender pay gap;
- the gender pay gap relating to complementary or variable pay components;
- the overall median gender pay gap;
- the median gender pay gap relating to complementary or variable pay components;
- the percentage of female and male employees receiving complementary or variable remuneration;
- the percentage of women and men in each pay quartile; and
- the gender pay gap by category of employees, broken down between ordinary basic pay and complementary or variable remuneration.
Calculations are based on gross annual remuneration and corresponding gross hourly remuneration. Pay includes the basic salary together with all complementary and variable remuneration components. The same methodology applies to part-time workers and temporary agency workers (Article 11 (2) & (3) of Law 5316/2026).
Timing of the First Report:
| Average number of employees | First submission | First reporting period | Thereafter |
| 250 or more employees | by 7 June 2027 | 01.11.2026–31.12.2026 | annually, by 7 June each year |
| 150–249 employees | by 7 June 2027 | 01.11.2026–31.12.2026 | every three years, by 7 June |
| 100–149 employees | by 7 June 2031 | the previous calendar year, namely 2030 | every three years, by 7 June |
| Fewer Than 100 Employees | No mandatory periodic reporting obligation | — | Voluntary reporting remains possible |
Special Transitional Rule for Employers with 150 or More Employees
For employers with at least 150 employees, the first reporting period extends from the date Article 11 becomes applicable, namely 1 November 2026, until 31 December 2026. (Article 30(1) of Law 5316/2026).
This transitional rule does not apply to employers with 100–149 employees. Their first report, due by 7 June 2031, will relate to the 2030 calendar year under the general rule.
Legal Note:
The first report for employers with 150 or more employees will not cover the entire year 2026 but only the transitional period from 1 November 2026 to 31 December 2026. Accordingly, covered employers should complete the mapping of remuneration data, categorisation of employees, and development of a reliable calculation methodology before 1 November 2026.
7. Additional Clarifications and Corrective Measures
Employees, employee representatives, the Labour Inspectorate, and the Greek Ombudsman may request additional reasonable clarifications regarding the information submitted, including explanations for any gender pay differences.
Employers must provide a substantiated response within a reasonable period and, in any event, within two (2) months.
Where pay differences cannot be justified by objective and gender-neutral criteria, employers must implement corrective measures within six (6) months, in cooperation with employee representatives, the Labour Inspectorate, and the Greek Ombudsman (Article 11(9) of Law 5316/2026).
8. Joint Pay Assessment
Employers subject to the reporting obligation must conduct a joint pay assessment together with employee representatives where all of the following conditions are met:
- A difference of at least 5% is identified in the average pay level of women and men within any category of employees;
- The difference cannot be justified on the basis of objective and gender-neutral criteria; and
- The difference has not been corrected within six (6) months after submission of the relevant data. (Article 12(1) of Law 5316/2026; Article 56G (1) of the Labour Code).
Importantly, the 5% threshold does not constitute a permissible or "safe harbour" pay difference. It merely serves as the quantitative trigger for the special joint assessment procedure. A pay difference below 5% may still amount to unlawful discrimination in an individual case.
The joint pay assessment includes, among other things:
- the distribution of women and men across employee categories;
- average remuneration levels and variable pay by gender;
- justification of pay differences based on objective criteria;
- review of salary increases granted following maternity, paternity, parental, or carers' leave;
- measures required to eliminate unjustified pay disparities; and
- evaluation of the effectiveness of previous corrective actions (Article 12(2) of Law 5316/2026).
- Unjustified pay differences must be remedied within one (1) year following communication of the joint assessment (Article 12(4) of Law 5316/2026).
Where no trade union organisation exists, employees are represented by the three (3) employees with the longest service in the undertaking, unless another form of representation is chosen (Article 12(3) of Law 5316/2026).
9. Personal Data Protection
The collection, analysis, exchange, and disclosure of pay-related information must be carried out in accordance with the General Data Protection Regulation (GDPR) and Law 4624/2019. Data collected for the purposes of pay transparency may not be used for any other purpose. (Article 13 of Law 5316/2026; Article 56D of the Labour Code).
Where the provision of information could lead, directly or indirectly, to the disclosure of the remuneration of an identifiable employee, access to the relevant information shall be restricted exclusively to:
- employee representatives;
- the Labour Inspectorate; or
- the Greek Ombudsman.
Employers must establish appropriate organizational and technical measures, including:
- clearly defined roles and access rights;
- secure procedures for the extraction and transmission of data;
- appropriate aggregation and pseudonymisation techniques;
- procedures to prevent re-identification of individuals;
- appropriate data retention periods; and
- involvement of the Data Protection Officer (DPO), where one has been appointed.
10. Legal Remedies, Sanctions and Burden of Proof
Any person who considers that they have suffered harm as a result of a breach of the principle of equal pay is entitled to judicial and administrative protection, even where the employment relationship in which the alleged discrimination occurred has already ended. The Greek Ombudsman, trade unions, and other legal entities with a legitimate interest may, with the consent of the alleged victim, bring legal actions or intervene in support of that person (Article 15 of Law 5316/2026).
A breach of statutory obligations gives rise to a right to full compensation, which may cover:
- actual financial loss;
- loss of profit or future earnings;
- moral damages (non-pecuniary damage);
- retroactive pay differences;
- wage supplements and benefits in kind;
- default interest; and
- loss of income and professional opportunities.
Compensation is not subject to any predetermined ceiling and must be effective, proportionate, real, and dissuasive (Article 16 of Law 5316/2026).
Claims arising from violations of the principle of equal pay become time-barred three (3) years after the employee became aware, or could reasonably have been expected to become aware, of the violation.
Administrative Enforcement and Compliance Orders
The Labour Inspectorate may order the employer to:
- cease the violation; or
- implement specific corrective compliance measures.
If the employer fails to comply with such an order, the authorities may impose a recurring administrative fine for each quarter of non-compliance. (Article 17 of Law 5316/2026).
One of the most significant enforcement mechanisms introduced by the new framework concerns the burden of proof.
Where an employee establishes facts from which direct or indirect discrimination may be presumed, the burden shifts to the employer, who must prove that the principle of equal treatment has not been violated. (Article 18 of Law 5316/2026; Article 54(1) and (3) of the Labour Code).
This rule is particularly important where an employer has failed to comply with its pay-transparency obligations. In such circumstances, the employer bears the burden of demonstrating that no discrimination occurred, unless it can prove that the breach was clearly inadvertent and of minor significance.
For the purposes of comparing pay levels, the comparison is not limited:
- to employees working for the same formal employer where remuneration is determined by a common decision-making body; or
- to employees working during the same period. This considerably broadens the pool of potential comparators available in equal-pay litigation (Article 18 (4-6) of Law 5316/2026).
The law prohibits any adverse or less favourable treatment of an employee or employee representative because they:
• exercised rights arising under the new pay-transparency framework; or
• supported another person in exercising such rights. (Article 20 of Law 5316/2026).
11. Labour Inspectorate and the Greek Ombudsman
The Greek Ombudsman (Synigoros tou Politi) is designated as the equality body responsible for monitoring and promoting the application of the principle of equal pay and the right to pay transparency. (Articles 21–24 of Law 5316/2026).
In parallel, a special department within the Labour Inspectorate is established to monitor compliance with the principles of equal treatment and equal pay in employment. (Article 26 of Law 5316/2026).
Article 27 introduces a special labour dispute procedure for cases involving alleged direct or indirect discrimination in remuneration on grounds of sex.
The procedure is intended to strengthen:
- administrative investigation of equal-pay complaints;
- cooperation between the Labour Inspectorate and the Greek Ombudsman; and
- the ability of the authorities to impose corrective measures or sanctions where non-compliance is identified.
12. The expected ministerial decisions
The full implementation of certain provisions of the new law depends on the issuance of implementing Ministerial Decisions, pursuant to Article 31 of Law 5316/2026.
The following regulatory acts are expected:
I. Support Measures for Businesses
A Joint Ministerial Decision of the Minister of Labour and Social Insurance and the Minister of Social Cohesion and Family will specify the measures for technical assistance, training, practical guidance, model pay structures, to be provided to businesses with fewer than 250 employees and to their employee representatives. (Article 31(1) of Law 5316/2026; Article 57A(1) of the Labour Code).
II. Amount and Method of Calculating Fines
A Ministerial Decision of the Minister of Labour and Social Insurance will determine the methodology for calculating administrative fines and the amount of the fines applicable to breaches of the principle of equal pay and the statutory pay-transparency obligations (Article 31(1) of Law 5316/2026; Article 57A(2) of the Labour Code).
III. Recurring Fines for Non-Compliance
A separate Ministerial Decision will establish the calculation methodology and the amount of the recurring administrative fine imposed where an employer fails to implement the compliance measures ordered by the competent authority. (Article 31(2) of Law 5316/2026; Article 576A of the Labour Code).
IV. Special and Technical Rules for the Public Sector
The relevant regulatory decision will specify the manner in which pay information will be provided, notification procedures, publication and disclosure requirements and any other technical or procedural issues relating to the application of Articles 37, 41, 56A and 56B of the Labour Code in the public sector.
V. Digital Platform and Database of the Greek Ombudsman
A Joint Ministerial Decision will regulate the establishment and operation of the Greek Ombudsman’s digital platform, the establishment and operation of its database, connectivity and interoperability with existing information systems, particularly the ERGANI II Information System (Article 31(3) of Law 5316/2026, Article 10A(1) of Law 3094/2003).
VI. Transmission of Information by Judicial Authorities
A Ministerial Decision of the Minister of Justice will determine the procedures for transmitting information to the Greek Ombudsman regarding the number of claims relating to pay discrimination brought before national courts and the categories and nature of such claims.
VII. Provision of Information by Public-Sector Bodies
A Joint Ministerial Decision will regulate:
- the identification and coordination of public-sector bodies and services required to provide information;
- the form and content of the information to be submitted;
- the appointment of a representative within each body responsible for collecting, processing, and transmitting the information; and
- all related technical and organisational matters.
Legal Note
The issuance of these regulatory acts is particularly important for clarifying technical procedures, reporting mechanisms, compliance processes and the sanctions regime.
However, the absence of these Ministerial Decisions does not suspend or delay the entry into force of the core obligations contained in Articles 8–20 and 27, which remain applicable from 1 November 2026.
Accordingly, employers should not wait for the publication of all implementing decisions before beginning their compliance preparations. They should proceed with the review of remuneration structures, pay policies, reporting systems, recruitment procedures, and governance frameworks well in advance of the effective date.
13. Recommended Compliance Actions
In preparation for November 1, 2026, companies should take the following steps immediately:
1. map out all compensation components, including bonuses, allowances, and benefits in kind,
2. update job descriptions,
3. classifying employees who perform similar work or work of equal value,
4. establishing objective and gender-neutral evaluation criteria,
5. documenting pay structures in writing,
6. conducting an internal audit of pay disparities,
7. reviewing hiring procedures and job posting templates,
8. establishing a process for handling employee information requests,
9. updating confidentiality clauses,
10. conducting a data protection impact assessment,
11. training HR and payroll staff, as well as decision-makers responsible for hiring, pay raises, bonuses, and promotions,
12. preparing companies with 150 or more employees to collect data starting November 1, 2026.
14. Other Significant Employment Law Amendments Introduced by Law 5316/2026
In addition to the new pay transparency framework, Law 5316/2026 introduces a number of other employment-law reforms that have immediate effect for businesses. As a general rule, these provisions apply from the date of publication of the law, namely 6 July 2026, since they are not among Articles 8–20 and 27, whose application is deferred until 1 November 2026.
Ι. Expanding Protection Against Discrimination
The concept of gender discrimination now explicitly includes intersectional discrimination—that is, direct or indirect discrimination based on gender in combination with another protected characteristic, such as racial or ethnic origin, religion, disability or chronic condition, age, family or social status, and sexual orientation (Article 6 of Law 5316/2026 – Article 36(5) of the Labor Code).
At the same time, protection for parents and caregivers is expanded. Less favorable treatment due to applying for or taking paternity leave, parental leave, caregiving leave, adoption, or foster care, as well as for exercising the related rights provided for in the Labor Code (Article 7 of Law 5316/2026 – Article 48 of the Labor Code).
ΙΙ. Digital Registry of Collective Bargaining Agreements
A Digital Registry of Collective Labor Agreements is being created within the ERGANI II Information System, in which collective labor agreements, arbitration awards, and other collective agreements, as well as information regarding their validity, extension, accession, and termination (Article 32 of Law 5316/2026 – Article 398 of the Labor Code).
The Registry is intended to provide tiered access to the contracting organizations and to any interested party regarding the content and validity of collective agreements. The procedures for filing, accessing, and operating the Registry will be further specified by ministerial decision.
ΙΙΙ. Trade Unions' Access to Data from the ERGANI II System
Through the ERGANI II Information System, employee and employer organizations gain access to anonymized data on the number of employees by occupation, economic sector, and geographic region. Employers’ organizations also have access to anonymized data on the number and occupations of employees at their member companies (Article 33 of Law 5316/2026 – Article 577(2) of the Labor Code).
This provision aims to strengthen collective bargaining by providing access to aggregated labor market data.
IV. New Procedure for Resolving Labor Disputes
The procedure for hearing labor disputes before the Labor Inspectorate is being amended to facilitate employees’ access to the competent authority (Article 34 of Law 5316/2026 – Article 569(6) of the Labor Code).
Specifically:
- the parties appear in person, through a legal representative, or through another authorized person,
- the hearing may be conducted remotely when there is no competent Labor Inspection office located at the employee’s place of work or residence,
- in the event of an unjustified absence of a party, a rebuttable presumption is established in favor of the factual claims of the party present,
- the Inspector may set a deadline of up to one week for compliance with his or her instructions,
- provided that compliance occurs, the case is closed without the imposition of an administrative fine for the relevant violations,
- otherwise, the Inspector issues a finding within one week.
Legal Notice: The presumption of a valid defense in cases of unjustified absence makes it particularly crucial for employers to be represented consistently and in a timely manner in labor disputes.
V. Intercountry Adoption and the Child's Integration into the Family
Article 35 amends the provisions concerning the protection and leave of employees in cases of intercountry adoption.
The date on which the child is physically handed over to the employee for care and upbringing with the intent to adopt— as evidenced by an official document from the foreign country, even prior to the issuance or recognition of the relevant court decision (Article 35 of Law 5316/2026 – Articles 236 and 238 of the Labor Code).
This provision aims to decouple the commencement of the relevant protection from the potentially time-consuming completion of the judicial proceedings for the recognition of the adoption.
VI. Annual Vacation Leave for Executive Employees
Article 36 explicitly clarifies that the provisions regarding annual paid leave also apply to employees who hold managerial, supervisory, or positions of trust, as defined by the Washington International Labor Convention (Article 36 of Law 5316/2026 – Article 220(1) of the Labor Code).
Consequently, classifying an employee as a “manager” or “executive” does not constitute an exception to the right to annual recreational leave or to the corresponding employer obligations regarding the granting, recording, and compensation for such leave.
Legal Notice: The exemption of executive employees from certain provisions regarding working hours should not be confused with their right to paid annual leave. Companies should review their current practices and the remaining leave balances of employees who have been classified as executives.
VII. Expansion of continuous production operations that operate on Sundays and national holidays
Article 37 expands the list of businesses and activities permitted to operate on Sundays and other exempt days due to their continuous production process (Article 37 of Law 5316/2026 – Article 210(1) of the Labor Code).
The following activities are added to the relevant list:
• printing and production of flexible packaging materials,
• production and manufacture of plastic products,
• manufacture of asphalt insulation materials,
• production of base metals and manufacture of electronic and electrical wires and cables,
• manufacture of metal products, excluding machinery and equipment,
• production of tobacco products,
• the production of perfumes and toiletries.
The classification of a business under the above categories does not exempt it from other obligations under labor law regarding weekly rest, premium pay, and compliance with working hour limits.
VIII. Other More Specific Provisions
The law also includes provisions regarding:
- the recognition of apprenticeship periods for graduates of the Ministry of Education and Religious Affairs’ Vocational Apprenticeship Schools (Article 38),
- the Preschool Education Care Units of the Ministry of Education and Religious Affairs (Article 39),
- special pension and social security provisions (Articles 40–46),
- the recognition of apprenticeship and internship periods for graduates of vocational education and training programs at levels 3, 4, and 5 of the National Qualifications Framework (Article 47).
15. Concluding Remarks
Law No. 5316/2026 shifts the focus from a general prohibition on wage discrimination to an active obligation on the part of the employer to prevent, identify, and document wage disparities.
Compliance requires coordinated collaboration among the HR, Payroll, Legal, Finance, IT, and Data Protection departments. The availability of reliable data and documented criteria will be a critical factor both for meeting reporting obligations and for the company’s defense in the event of an administrative audit or legal challenge.
This newsletter is intended for general informational purposes only and does not constitute tailored legal advice.
Edited by:
Alexandra Karagianni, Attorney-at-Law
[email protected]