Penalties, compensation and access to justice (Articles 14-17, 23 and 24)

What happens if the rules are not complied with? The directive sets both what a worker can claim and the minimum that Member States must provide. It is worth keeping things apart - compensation, remedies and penalties are not the same - and noting that the directive itself does not set any fine amount.

Access to justice (Article 14)

A worker must be able to enforce their equal pay rights before the courts, and access must be easily accessible - including after the employment relationship has ended. Access to justice therefore does not disappear because someone has changed jobs.

Who may bring the claim (Article 15)

Associations, equality bodies and workers’ representatives may act on behalf of or in support of a worker - with that person’s approval. This means that the individual does not necessarily stand alone with a claim. (Note: it is Article 15 that grants this right - not Article 17, which deals with other remedies.)

Right to compensation - with no cap (Article 16)

A worker who has been discriminated against has a right to full compensation or reparation. This includes, among other things, full recovery of back pay with associated bonuses or payments in kind, compensation for lost opportunities, compensation for non-material damage and interest on amounts due. The key point: there is no cap - Article 16(4) establishes that the compensation or reparation may not be limited by a fixed upper limit set in advance.

Other remedies (Article 17)

In addition to compensation, courts and authorities can apply other remedies: an injunction ordering the cessation of the infringement, an order to ensure compliance, and periodic penalty payments (recurring penalty payments that apply pressure until something is put right). This is something other than a penalty for what has happened - these are means to get the conduct changed going forward.

Penalties: a floor, but no amount (Article 23)

On penalties the directive sets only a minimum: they must be effective, proportionate and dissuasive, and they must include fines determined under national law. The directive also requires specific penalties for repeated infringements, and aggravating circumstances may be taken into account - including intersectional discrimination (Article 23(3)).

The important point to establish: the directive specifies no monetary amount. Any claim of a particular fine size “under the directive” is wrong - the amounts are set by the Member States.

Public contracts (Article 24)

Economic operators must comply with the equal pay obligations when they perform public contracts. Contracting authorities may exclude an operator that shows a lack of openness or an unexplained pay gap of more than 5 % in a group of workers. This is an option tied to the procurement rules - not an automatic exclusion and not a fine under Article 23.

In the Danish draft: compensation, not new fines

The Danish draft bill introduces no new fines. The only penal provision is the retained § 6 b (“shall be punished by a fine”), whose references are merely updated. The new duties are supported by compensation (proposed §§ 2-3, including a standalone compensation under § 3(5) for breaches of information obligations, even without a demonstrated pay gap) and by the reversed burden of proof - not by fines. No monetary amount has been set. This is a draft, not applicable law - see The Danish implementation and Burden of proof.