Equal pay means that women and men are legally entitled to the same pay for work of equal value. This applies not only to identical positions, but also to different jobs that can be shown to be of equal value. In Norway, this right is protected under the Working Environment Act and the Equality and Anti-Discrimination Act, and further obligations may follow once the EU's Equal Pay Transparency Directive is implemented.
September 18 marks International Equal Pay Day, established by the UN General Assembly in 2019. In this article, we look at what Norwegian law currently requires of employers, and how the EU's Equal Pay Directive may affect Norwegian businesses in the years ahead.
What are the rules regarding equal pay in Norway?
In Norway, equal pay is regulated by several laws. Chapter 13 of the Working Environment Act prohibits direct and indirect discrimination in the workplace and applies, among other things, to pay and working conditions. In cases of discrimination based on gender, the Working Environment Act refers to the Equality and Anti-Discrimination Act, which contains the key prohibition against wage discrimination between women and men. The latter act also includes rules that women and men shall receive the same equal pay for the same work or work of equal value.
What obligations do Norwegian employers already have today?
In addition to the prohibition against discrimination, the duty to take action and report applies, as provided for in the Equality and Anti-Discrimination Act. The duty to take action and report requires all public entities and private companies with more than 50 employees to assess gender pay gaps at least every other year, identify involuntary part-time work, and publish a report in their annual report or another public document. Private companies with 20–50 employees are subject to these requirements if employee representatives so demand.
What is the status of the EU's Equal Pay Transparency Directive in Norway?
The EU adopted the Equal Pay Directive (Directive (EU) 2023/970) on May 10, 2023. The directive aims to increase transparency regarding pay and ensure that women and men receive equal pay for the same work or work of equal value. Among other things, this means that pay must be clearly stated in job postings, that employers cannot ask job applicants for information about previous pay, that larger companies must report and publish the gender pay gap, and that employees have the right to access pay levels broken down by gender.
EU member states are generally required to implement the rules by June 7, 2026, but it is known that Sweden, among others, is delaying implementation. Norway is not a member of the EU, and the Directive has not yet been incorporated into the EEA Agreement. The Ministry of Culture and Equality is responsible for preparing Norway’s implementation. Before the directive can take effect in Norway, it must go through a formal EEA process, a Norwegian public consultation, a legislative proposal, and consideration by the Storting, and it is currently uncertain both which rules will be introduced and when they will take effect.
Also read: EU Pay transparency directive coming to Norway
What can businesses do now to prepare?
Although the timing and final shape of Norway's implementation remain uncertain, businesses can use this period to strengthen pay transparency now. In practice, this means:
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Reviewing existing pay policies against the current equal-value standard
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Preparing recruitment procedures that disclose pay information upfront
- Running regular pay-level surveys broken down by gender and role
