D4f1 - Are employers required to respect equal pay for men and women?

Yes.

Every employer is required to ensure equal pay for men and women in cases where the latter perform the same work or perform work of equal value.

The provisions relating to equal pay, as well as the principle “for equal work, equal pay”, prohibit employers from imposing differences in pay as between employees (men and women) performing the same work or work of equal value.

However, it is important to note that there is no general principle of equal pay in Luxembourg law. Indeed, that principle applies only in relations between men and women by virtue of the prohibition of discrimination based on sex. Thus, Article L.225-1 of the Labour Code is only a specific application of the principle of equal treatment for men and women enshrined in Article L.241-1 of the Labour Code.

Consequently, unless there are objective reasons and professional considerations such as the objective skills and abilities of each employee, the employer must ensure equal pay for men and women working in identical circumstances.

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