It is incumbent upon an employee who alleges breach of the principle “for equal work, equal pay” to produce in court information capable of illustrating inequality of remuneration (Cass. Soc. 28 September 2004, No 03-41825).
In Luxembourg, the case law places that burden of proof on the employee by virtue of Article L.244-3 of the Labour Code, which governs the burden of proof in cases of sex-based discrimination.
In fact, according to the case law “it is incumbent upon a worker who considers himself to be the victim of discrimination to prove that he receives remuneration lower than that paid by the employer to his or her colleague of the other sex and that he or she in fact performs the same work or work of equal value, comparable to the work performed by the colleague referred to” (Court of Appeal, 7 December 2015, No 39457).