International treaties and legislation supersede workplace practices and collective agreements. Collective agreements cannot stipulate that a different wage is paid for the same work for different employees in the same workplace.
Wage differences may occur between people of different genders performing the same work. The Act on Equality between Women and Men prohibits unjustified pay differences between the genders. Differences in pay must always have valid grounds, e.g. the difficulty level of the tasks. If no valid grounds exist, the employer must rectify the unjustified pay differences. Unjustified pay differences may also not exist between employees of the same gender.
Receivables due to unjustified pay differences may be claimed retroactively. However, if the pay difference is due to business transfer, for example, the employer must rectify the difference within a reasonable time. In this event, the pay difference may be justified for a short period of time, but not permanently.
If you suspect that your colleague performing the same or equally demanding assignments as you is paid better, contact your union representative. They may investigate the grounds for the pay difference.
