EU Pay Transparency Act Germany 2026: Mandatory Salary Disclosure Guide
Salary secrecy in Germany is coming to an end. By 7 June 2026 Germany must transpose the EU Pay Transparency Directive (2023/970) into national law. After that, employers can no longer rely on “competitive salary” or “negotiable based on experience” without giving concrete pay information. Job ads must show pay ranges or initial pay, and asking about your current or previous salary will be prohibited. The existing Entgelttransparenzgesetz (Pay Transparency Act) is being strengthened and enforced more strictly.
What this means for you
From
June 2026: job ads must state salary (range or initial pay) or you must receive it before the first interview. Employers must not ask about your current or previous salary. You have a
right to information (Auskunftsanspruch) on average pay for comparable work (including by gender). Contract clauses that forbid discussing pay with colleagues are void. In pay discrimination cases, the
employer must prove they did not discriminate. For expats, this makes it easier to check you are not underpaid compared to colleagues. If an ad has no salary, you can ask for it or report it. For other 2026 labour changes, see
Minimum Wage 2026.
What Is the EU Pay Transparency Directive?
Directive (EU) 2023/970 requires EU countries to put in place binding rules on pay transparency and enforcement. Germany’s transposition deadline is 7 June 2026. The new rules build on and go beyond the current German Entgelttransparenzgesetz: mandatory salary in job ads, ban on pay-history questions, stronger right to information, void secrecy clauses, and a shift in the burden of proof onto employers in discrimination cases.
Core Changes: No More Salary Secrecy
- Salary in job ads: Employers must disclose either the initial pay level or a specific salary range.
- No pay history: Questions about current or previous salary are prohibited.
- Right to information: Employees can request information on average pay for comparable work (e.g. by gender).
- Secrecy clauses void: Contract terms that forbid discussing pay with colleagues are illegal and unenforceable.
- Burden of proof: In pay discrimination cases, the employer must prove they did not discriminate.
Before vs. After 2026
| Aspect |
Before |
From June 2026 |
| Salary in job ads |
Optional (“competitive salary” common) |
Mandatory (range or initial pay) |
| Pay history questions |
Allowed |
Prohibited |
| Right to information |
Limited, weak enforcement |
Stronger, enforceable |
| Salary discussion clauses |
Common in contracts |
Void |
| Burden of proof |
Employee had to prove discrimination |
Employer must prove no discrimination |
| Gender pay gap reporting |
Voluntary for large companies |
Mandatory for companies above size threshold (e.g. 100+ employees) |
| Penalties |
Rarely enforced |
Fines and legal consequences |
Employer Duties (2026)
Job ads
Employers must state either the initial pay level or a specific salary range (e.g. €65,000–€80,000)—in the ad or before the first interview. Vague wording like “competitive salary”, “market rate”, or “negotiable based on experience” alone is no longer enough.
No pay history questions
Employers must not ask about your current salary, previous salary, or compensation at former employers. That stops them from anchoring your offer to past (often lower) pay—especially important for expats who may have earned less abroad.
Gender pay gap reporting
Larger companies (from a certain size, e.g. 100+ employees; exact threshold will be in the national law) must publish gender pay gap information on a regular basis. If there is an unjustified gap of 5% or more, a joint pay assessment with the works council (Betriebsrat) is required. Details will be set in the German implementing law.
Your Rights (2026)
Right to information (Auskunftsanspruch)
You can ask your employer in writing for information on average pay for colleagues doing the same or comparable work, including a breakdown by gender where relevant. The employer must respond within a reasonable time. This helps you see if you are underpaid compared to peers—especially useful for expats who may not know local market rates.
Secrecy clauses are void
Any contract term that forbids you from discussing your salary with colleagues is void. You may discuss pay, share information, and organise around pay issues; the employer cannot punish you for that.
Burden of proof
If you bring a pay discrimination claim, the employer must prove that pay was set in a non-discriminatory way. You no longer bear the full burden of proving discrimination, which makes it easier to enforce your rights.
Enforcement and Penalties
Member states must provide effective, proportionate penalties. In Germany, failure to disclose pay in job ads, refusal to provide information, asking pay history questions, or using void secrecy clauses can lead to fines and other consequences. Employees can bring claims; labour authorities can investigate and sanction; works councils can demand compliance and joint assessments. Exact fine levels will be set in national law.
Expats and Pay Transparency
Many foreigners in Germany are paid below local peers because they lack market knowledge or had lower salaries elsewhere. The 2026 rules help: transparent job ads show ranges before you apply; no pay history means your previous salary cannot be used to low-ball you; the right to information lets you compare your pay to colleagues; and the shift in the burden of proof makes it easier to challenge discrimination. Use these tools to check you are paid fairly.
How to Request Salary Information
Submit a written request to your employer stating what you need (e.g. average pay for comparable work, breakdown by gender). Refer to your right under the Pay Transparency Act / EU rules. Send it by email or letter and keep a copy. The employer must respond within a reasonable period (often a few weeks). If you see a gap or discrimination, document it and consider legal or trade-union advice; the employer will have to justify the pay.
Reporting Violations
If job ads lack salary information, you can ask the employer for it or report to the relevant labour authority or job board. If you are asked about pay history, you can refuse (it will be illegal from June 2026) and report the company. If your employer refuses a proper information request or enforces a secrecy clause, you can complain to the labour authority or seek legal advice. For pay discrimination, a lawyer or union can advise on bringing a claim.
Timeline
| Date |
Milestone |
| May 2023 |
EU Directive 2023/970 adopted |
| 7 June 2026 |
Germany must complete transposition; new rules apply |
| After June 2026 |
Mandatory compliance; enforcement and penalties |
Terms You’ll See
Entgelttransparenzgesetz (EntgTranspG) = Pay Transparency Act (German law, updated by the directive). Directive 2023/970 = EU Pay Transparency Directive. Auskunftsanspruch = right to request information (on pay). Lohnlücke = pay gap. Beweislastumkehr = reversal of burden of proof (employer must prove no discrimination). Betriebsrat = works council.
Reference (Official Sources)
For the legal basis and implementation:
Last checked: February 2026.
Next Steps
From June 2026: expect salary ranges or initial pay in job ads and do not answer pay history questions. If you are already employed, use your right to information to request comparable pay data and, if you have one, involve your works council. Employers should update job ad templates, remove pay history from recruitment, audit pay structures, and delete any salary secrecy clauses from contracts; those with 100+ employees should prepare for gender pay gap reporting. For more on 2026 labour law: Minimum Wage 2026.
