OD FLASH | Salary transparency: bill transposing directive  – strengthening employees’ right to information on remuneration (2/5)

On March 6, 2026, the Ministry of Labor transmitted to national union  and employers association representatives and members of parliament a first draft of the bill transposing European Directive No. 2023/970 of May 10, 2023, on salary transparency into French law.

This flash (2/5) continues the series devoted to the main measures provided for in this draft bill, the various aspects of which are presented in succession.

In particular, the text introduces a new right for employees to be informed about remuneration, intended to transpose mainly Article 7 of the directive.

To this end, the bill inserts a new section on employee information into the Labor Code, comprising Articles L. 1142-9 to L. 1142-9-2.

Purpose of the information: the new Article L. 1142-9 would grant employees the right to information from their employer concerning:

• their individual level of remuneration,

• as well as the average levels of remuneration, broken down by gender, of employees belonging to the same category of workers, i.e., those performing work of equal value. A flash OD from the series will be dedicated to the conditions of definition of these categories of employees.

Procedures for requesting and transmitting information:

• This information should be requested and transmitted in writing.

• The request may be made directly by the employee or through union representatives or members of the CSE staff delegation.

• The text also requires employers to inform employees of the existence of this right each year.

• While the directive requires information to be provided within a reasonable time and no later than two months, the draft law refers to a decree to determine the time limit within which employers must respond to employee requests.

• The bill also states that the information provided in this context must be accessible to candidates and workers with disabilities.

Arrangements for the transmission of information to preserve confidentiality:

• The bill also introduces a restriction aimed at preserving the confidentiality of salary data.

• The new Article L. 1142-9-1 provides that the information shall not be disclosed to the employee who made the request when the number of employees in the category of the requesting employee is below a threshold set by decree, if its disclosure would be likely to indirectly reveal the remuneration of an identifiable employee. This limitation is in line with Article 12 of the Directive, which allows Member States to restrict access to certain information when its disclosure could reveal the remuneration of a worker.

Entry into force: the provisions introduced by Article 1 of the draft law, including Articles L. 1142-9 to L. 1142-9-2, would enter into force from the date of entry into force of the agreements or unilateral decision of the employer referred to in Article L.3221-4-1, i.e., establishing the categorization of employees performing work of equal value  and no later than one year after the law is promulgated.