2025-08-12
Margarida Pisco explains court decision that upholds pay difference between identical roles

Pay equality continues to be one of the central topics in labour law, especially following the entry into force of Directive (EU) 2023/970, which strengthens the principle of equal pay for equal work or work of equal value, imposing new pay transparency obligations on employers.

In an article for RH Magazine, Margarida Pisco, Associate in the Labour practice, analyses a recent decision of the Lisbon Court of Appeal, which considered legitimate the maintenance of a pay difference between two heavy vehicle drivers with identical functions, based on the principle of the non-reducibility of remuneration.

“The true responsibility of human resources lies not only in complying with the law, but in ensuring that remuneration fairly and transparently reflects the real value of the work performed,” she states.

The lawyer further highlights that, in a context of increased scrutiny by the Authority for Working Conditions, it is up to the courts and companies to define and apply clear criteria that ensure ethical and transparent pay policies.