To avoid being in breach of the law, employers must not take a person’s sex into consideration when taking remuneration-related measures.
The notion of "work of equal value" is defined in the Luxembourg Labour Code.
Work shall be considered to be of equal value when it requires from workers a comparable body of
- professional knowledge as demonstrated by a qualification, diploma or vocational experience,
- skills resulting from acquired experience,
- responsibilities, and physical or mental effort.
Employers must not use any criteria other than knowledge, experience and responsibilities to determine an employee’s remuneration.
A pay difference can only be justified if it is based on objective and non-discriminatory reasons.