EU Pay Transparency Directive Status Portugal: Draft Published: Consultation to 25 Aug 2026
Portugal has not enacted transposing legislation for the Directive. A first draft amending the Labour Code and Law 60/2018 had already gone to public consultation in April 2026, led by the Commission for Equality in Labour and Employment alongside the Ministry of Labour, Solidarity and Social Security, but that draft was not finalized by the 7 June 2026 EU-wide deadline. On 5 August 2026 the government published a fuller draft bill for public consultation, open for comment until 25 August 2026. The critical feature of Portugal's model is who does the calculating: rather than an employer self-reporting regime, the draft has the Ministry of Labour calculate the gender pay gap indicators, mean gap, median gap and the same for supplementary or variable pay, directly from data employers already submit in the Relatorio Unico (Single Report), with the labour inspectorate (ACT) expected to act proactively on the results rather than only respond to complaints. The draft confirms the Directive's tiered reporting bands on top of the existing 50-plus threshold used for Law 60/2018 reporting, and fixes the first reporting deadline for employers with 150 to 249 employees at 7 June 2027, covering the 2026 reference year. For Portuguese employers in that band, 2026 is therefore already the first reporting reference year, not a year to wait and see. Because the bill has not been finalized or passed by the Assembly of the Republic, exact figures such as fine amounts 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. Portugal missed the 7 June 2026 EU-wide transposition deadline for the Pay Transparency Directive (2023/970), but on 5 August 2026 the government published a full draft bill for public consultation, open until 25 August 2026. The model is authority-led: public bodies combine employer data already filed in the Relatorio Unico with administrative data to calculate the pay gap indicators, rather than requiring employers to self-report a separate figure. The draft confirms that employers with 150 or more workers must submit their first report by 7 June 2027, covering the 2026 reference year, so 2026 is already the first reporting year for those employers even though the transposition law is not yet enacted.
Under current law, only Portuguese employers with 50 or more employees must file annual pay reports via the Relatorio Unico. The August 2026 draft bill confirms EU Directive reporting bands at 100 to 149, 150 to 249 and 250-plus employees, with the Ministry of Labour calculating the pay gap indicators from data already on file rather than employers self-reporting; 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 (confirmed under the August 2026 draft bill)
- Have the Ministry of Labour calculate mean and median gender pay gap figures, including variable pay, directly from the employer's existing Relatorio Unico filing on a triennial cycle, rather than compiling and self-reporting a separate figure
- 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
- For employers with 150 to 249 employees specifically: submit the first report by 7 June 2027, covering the 2026 reference year
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)
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Frequently asked questions about pay transparency in Portugal
No. Portugal missed the 7 June 2026 EU transposition deadline. A fuller draft bill amending the Labour Code and Law 60/2018 was published for public consultation on 5 August 2026, open until 25 August 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 while the new draft is finalized.