EU Pay Transparency Directive Status Portugal: Deadline Missed: Draft Stage
Portugal has not enacted transposing legislation for the Directive. A formal draft amending the Labour Code and Law 60/2018 was opened for public consultation in April 2026, led by the Commission for Equality in Labour and Employment alongside the Ministry of Labour, Solidarity and Social Security. Portugal was widely expected to finish in time for the 7 June 2026 EU-wide deadline, but that date passed with the draft still unfinished, placing Portugal among the roughly ten member states that have a published draft but no enacted law. The draft is expected to add the Directive's tiered reporting bands, 100 to 149, 150 to 249, and 250 or more employees, on top of the existing 50-plus threshold already used for Law 60/2018 reporting, plus new duties such as salary range disclosure in job postings, a ban on asking candidates about pay history, and a reversed burden of proof in pay discrimination claims. Because the text has not been finalized or passed by the Assembly of the Republic, exact figures such as fine amounts and precise reporting deadlines under the new regime remain provisional and could still change before enactment.
What is Pay Transparency, and who does it apply to?
The EU Pay Transparency Directive (Directive (EU) 2023/970) is a binding EU law requiring pay equity for equal work between women and men. It introduces mandatory rules around salary disclosure, pay gap reporting, and worker rights.
Portugal already regulates gender pay equity through Law 60/2018, in force since February 2019, which requires companies with 50 or more employees to submit annual pay data to the Ministry of Labour and to correct unjustified gender pay gaps identified by the authorities. The EU Pay Transparency Directive (2023/970) is meant to add new recruitment and reporting duties on top of this regime, but Portugal missed the 7 June 2026 EU-wide transposition deadline. As of early August 2026 the transposition bill remains at the consultation and drafting stage, coordinated by the Commission for Equality in Labour and Employment together with the Ministry of Labour, Solidarity and Social Security.
Under current law, only Portuguese employers with 50 or more employees must file annual pay reports; the pending EU Directive transposition would add reporting bands at 100 to 149, 150 to 249 and 250-plus employees, while duties like the salary history ban and pay range disclosure are expected to apply to employers of any size.
What employers must do in Portugal
All employers, regardless of size
- Comply with the general equal pay for equal work principle set out in the Labour Code
- Prepare for an expected ban on asking candidates about salary history once the transposition law passes
- Prepare for expected gender-neutral job title and job advertisement requirements
Employers with 50 or more employees (existing Law 60/2018 regime)
- Submit annual pay data broken down by gender, sector, profession and qualification to the Ministry of Labour
- Share the annual pay report with employee representatives
- Prepare an evaluation plan within 120 days if the Ministry flags an unjustified pay gap, and correct it within 180 days
Employers with 100 to 249 employees (expected under the EU Directive transposition)
- Publish mean and median gender pay gap figures, including variable pay, on a triennial cycle once the new law is enacted
- Disclose salary ranges to candidates in job postings or before interview
- Conduct a Joint Pay Assessment with worker representatives if an unjustified pay gap of 5% or more persists for six months
Employers with 250 or more employees (expected under the EU Directive transposition)
- Report gender pay gap data annually rather than every three years once transposition is complete
- Report pay quartile distribution data by gender
- Respond to individual employee requests for average pay information by gender within two months
Key deadlines
Penalties for non-compliance in Portugal
Under the existing Law 60/2018 regime, administrative fines for pay reporting or pay discrimination violations reportedly range from around 2,040 to 61,200 euros depending on severity, alongside possible exclusion from public procurement. The penalty regime for the new Directive-based obligations has not yet been fixed because the transposition law is still in draft.
The Authority for Working Conditions (ACT) enforces reporting and evaluation plan duties, while the Commission for Equality in Labour and Employment (CITE) investigates individual pay discrimination complaints.
How TalentUp can help you with Pay Transparency Compliance
Below you can see a preview of our platform, where we help you stay compliant with Pay Transparency by spotting pay inconsistencies and structural risks in your compensation strategy, analysing data from your company.
Book a demo| Name | Level | Location | Salary | Labels | Actions |
|---|---|---|---|---|---|
|
John Doe
Software Developer
|
Mid
|
Lisbon
Portugal
|
32500 EUR
Above market
|
Unbalanced
|
|
|
Jane Smith
Project Manager
|
Senior
|
Lisbon
Portugal
|
45000 EUR
Above market
|
In Market
|
|
|
Michael Brown
Data Analyst
|
Mid
|
Porto
Portugal
|
39000 EUR
Above market
|
In Market
|
|
|
Emily Johnson
QA Engineer
|
Mid
|
Porto
Portugal
|
36000 EUR
Above market
|
In Market
|
|
|
Robert Wilson
HR Manager
|
Senior
|
Braga
Portugal
|
50000 EUR
Above market
|
Above Market
|
|
|
Sarah Davis
Marketing Specialist
|
Junior
|
Braga
Portugal
|
34000 EUR
In market
|
In Market
|
MEAN PAY
39.4K EUR
MEDIAN PAY
37.5K EUR
MEAN FEMALE PAY
38.3K EUR
MEDIAN FEMALE PAY
36K EUR
MEAN MALE PAY
40.5K EUR
MEDIAN MALE PAY
39K EUR
Gender gap
Variable pay by gender
General gender pay gap
Pay gap insights
Add employee data to see pay gap insights
Tenure distribution
Pay gap per level (quartiles)
-
Frequently asked questions about pay transparency in Portugal
No. As of August 2026, Portugal has missed the 7 June 2026 EU transposition deadline. A draft law amending the Labour Code and Law 60/2018 was opened for public consultation in April 2026, but it has not been passed by the Assembly of the Republic, so Portuguese employers are still operating under the pre-existing Law 60/2018 regime.