OD FLASH | Salary transparency: draft bill transposing the directive –  increased information prior to hiring 3/5

On March 6, 2026, the Ministry of Labor transmitted to national union  and employers’ associations representatives  and members of parliament a first draft of the bill to transpose Directive (EU) No. 2023/970 of May 10, 2023, on pay transparency into French law.

This flash (3/5) is part of a series dedicated to the main measures provided for in this draft law, the various aspects of which will be presented in succession.

Several obligations are thus imposed on employers to enhance the transparency of information relating to remuneration, starting from the recruitment process.

Until now, French law stipulated that employers were only required to disclose information on remuneration once an employee had been hired (Articles L. 1221-5-1 and R. 1221-34 of the Labor Code). Now, in accordance with Article 5 of the European Directive, the draft transposition bill provides for the creation of a right to information for job applicants.

New obligation for employers to provide information to applicants

Job applicants will therefore have the right to receive information from their future employer “on the initial salary range and on the relevant contractual provisions applicable to determining the salary corresponding to the job for which they have applied.”

This right to information regarding the estimated amount of the proposed salary will be satisfied:

• when this information is included in the job offer.
• In the absence of such an offer, the employer must provide this information in writing to the candidate before or during the job interview (new Article L. 1221-9-1 of the Labor Code).

Prohibitions:

The draft transposition bill prohibits employers from:

• asking job applicants for “information relating to their remuneration history during their current or previous employment relationships” (new paragraph 2 added to Article L. 1221-6 of the Labor Code);
• publishing job offers that do not specify “a range of the proposed remuneration and do not mention the relevant contractual provisions applicable to determining the remuneration for the proposed position” (new Article L. 5332-2-1 of the Labor Code).

In line with the rule set out in Article 7.5 of the Directive (EU) 2023/970, to promote the internal transmission of salary information, the draft transposition bill provides for a ban on contractual clauses prohibiting employees from disclosing information relating to their remuneration (new Article L. 1221-5-2 of the Labor Code).

Entry into force: in the absence of any specific provision in the draft law, these new obligations and prohibitions would enter into force upon the promulgation of the draft law.