Italy’s new pay transparency rules start to bite for employers

Italy’s D.Lgs. 96/2026, which implements the EU pay transparency directive, took effect June 7, 2026 and puts new obligations on public and private employers. Some requirements apply now, while others depend on company size or await ministerial rules on data collection and treatment.

Why it matters: - The decree expands pay-transparency and equal-pay obligations for Italian employers across hiring, pay-setting and reporting. - Companies that wait for later implementing rules risk falling behind on duties that are already in force. - The rules also give workers stronger rights to request pay information and challenge unexplained gender pay gaps.

What happened: - D.Lgs. 96/2026, which transposes Directive (EU) 2023/970 on pay transparency, entered into force on June 7, 2026. - The law applies to public and private employers. - The scope covers fixed-term and open-ended employment contracts, including part-time and managerial roles. - Domestic work and intermittent work are excluded. - Studio Marzani & Partners, a labor-law consultancy based in Rome, reviewed the new framework for companies.

The details: - Job ads and vacancy notices must show the starting salary or salary range. - Salary information must be set using objective criteria that are neutral on gender. - Notices must also include the relevant collective bargaining provisions applied to the role. - Employers cannot ask candidates about current or past pay. - Pay criteria and pay-band criteria must be accessible to workers. - Employers with fewer than 50 employees are exempt only from disclosing criteria for pay progression. - Clauses that restrict a worker’s ability to disclose their own pay are prohibited. - Workers may request, no more than once a year, information on average pay levels by sex for workers doing the same work or work of equal value. - Employers must answer those requests within two months. - Employers must inform workers annually about that right. - For employers with at least 100 employees, Article 9 adds gender pay gap reporting duties. - Employers with at least 250 employees must collect the data by June 7, 2027, and then every year. - Employers with 150 to 249 employees must collect the data by June 7, 2027, and then every three years. - Employers with 100 to 149 employees must collect the data by June 7, 2031, and then every three years. - If any category shows an average gap of at least 5%, and the gap is not justified by objective, gender-neutral criteria and is not corrected within six months, a joint assessment with worker representatives is triggered. - Article 9, paragraph 4, leaves the method for collecting, obtaining and processing the data to one or more ministerial decrees. - As of Aug. 27, 2026, no such implementing decrees were found in the official sources reviewed. - Violations are subject to the remedies in Italy’s Equal Opportunities Code. - Where discrimination is established, Article 41 of Legislative Decree 198/2006 also applies.

Between the lines: - The framework is not limited to large employers because several transparency rules already apply across the board. - The biggest operational burden is likely to fall on companies that have not documented pay criteria or standardized hiring materials. - The open question is the practical reporting process, since the decree still depends on ministerial rules for data handling. - Eleonora Marzani said the decree already applies to several transparency obligations, while some operational aspects still await implementing measures.

What's next: - Employers are expected to review pay policies, job ads, internal regulations and employment contracts. - Companies should check that super-minimums, bonuses and pay progression criteria are objective, documented and gender-neutral. - Employers subject to reporting should map gender pay gaps in advance. - Studio Marzani & Partners says it is available to support companies with labor-law advice, hiring-process reviews, pay-policy updates and compliance steps. - Eleonora Marzani said acting now can help companies adjust procedures and pay criteria before later implementing rules arrive.

The bottom line: - Italy’s pay-transparency regime is already live, and employers need to move on hiring and compensation practices now rather than wait for every technical detail to be finalized.