Unjustifiable pay differences

What are unjustified pay differences?

The salary agreements for SULF members stipulate that pay must be set on an individual basis and on objective grounds. For example, the central government salary agreement RALS-T states the following: “An employee’s pay is to be determined on objective grounds such as responsibility, the level of difficulty of the duties and other requirements associated with the duties, as well as the employee’s skills and performance in relation to the organisation’s operational objectives.” Market forces may also play a role, which means that it may be justified for the pay level for equivalent work at other employers to influence the pay level at your workplace without this constituting an unjustified pay difference.

It can therefore be said that unjustified pay differences are differences in pay that cannot be explained by factors relevant to the duties employees perform, the skills required, how well people perform their work, or the conditions within a competitive labour market.

Can unjustified pay differences constitute discrimination?

If there are pay differences between employees that cannot be justified by the factors listed above, this may constitute an unjustified pay difference. Both employers and trade unions have a responsibility to prevent and address such pay differences, but the primary responsibility clearly lies with the employer. Under the Discrimination Act, the employer is also obliged to carry out an annual salary audit to identify pay differences between women and men to ensure that there are no unjustified pay differences based on gender, and to rectify them if such differences are found. In doing so, the employer must assess both equivalent work and work of equal value. The review and analysis must also cover provisions and practices relating to pay and terms of employment. The salary review is to be carried out in consultation with the trade unions. If pay differences are identified, an assessment is to be made regarding whether they are justified or not, that is to say, whether they can be explained on objective grounds.

It goes without saying that there must be no unjustified pay differences arising from potentially discriminatory factors other than gender, such as ethnicity, sexual orientation, age or disability.

For an unjustified pay difference to fall under the legal prohibition of discrimination, it must be attributable to one of the grounds for discrimination set out in the law, and it must also be plausible that the pay difference is due to this factor and not to other legitimate reasons. It is the employer, through the manager responsible for setting pay, who must explain the grounds on which a particular salary level is set.

What should you do if you feel there are unjustified pay differences at your workplace?

If you feel that your salary has not been set on objective grounds, you should ask your manager for an explanation. You can also contact the local Saco-S association at your higher education institution, or, if you work at a private higher education institution, contact the local SULF or AkademikerAlliansen association.