Europe obliges to prohibit asking about the salary history of candidates: the countdown in Spain ends on June 7, 2026

The new European pay transparency regulation prevents asking about previous salary history in selection and requires knowing the salary from the start.

04 of may of 2026 at 16:55h
Europe obliges to prohibit asking about the salary history of candidates: the countdown in Spain ends on June 7, 2026
Europe obliges to prohibit asking about the salary history of candidates: the countdown in Spain ends on June 7, 2026

The new European regulation on salary transparency radically transforms human resources management in Spanish organizations. It prohibits asking about previous salary history from candidates during labor selection processes.

Spain has until June 7, 2026, to transpose this directive into its domestic legal system. Experts strongly warn about the difficulty of meeting this deadline.

The end of salary secrecy

Nieves Rabassó, president of the Labor Relations Commission of the College of Economists of Catalonia, emphasizes that the salary must be known from the beginning of the process. This measure seeks to eliminate non-professional biases in the remuneration decision.

"The salary will have to be known from the beginning" - Nieves Rabassó, president of the Commission for Labor Relations and Human Capital Management of the College of Economists of Catalonia

Silvia Pardo, partner at Esperta consultora, clarifies that informing beforehand about the salary range is a common practice in many companies. However, the law turns this custom into a strict legal obligation.

Workers will be able to access detailed information on the pay gaps and pay of their staff. This data will be broken down by gender and jobs of equal value.

Drastic reduction of the gap

The legislation reduces the maximum permitted adjusted pay gap between genders from the current 25% to 5%. Companies will have to justify any remaining difference with objective criteria.

"Companies will have to match salaries in many cases" - Nieves Rabassó, president of the Commission for Labor Relations and Human Capital Management of the College of Economists of Catalonia

Rabassó identifies a structural problem in the definition of job positions. Many organizations apply generic denominations to different functions, which artificially inflates inequality statistics.

Current collective agreements usually maintain very broad definitions that make this precise comparison difficult. It will be necessary to refine the description of each role within the organizational structure much more.

Internal order and executive rigor

Silvia Pardo insists on the need to have a solid remuneration model before the standard comes into force. Transparency demands clear progressive criteria and a well-defined structure.

"You need to have an organizational structure, salary bands, and clear progressive criteria" - Silvia Pardo, partner at Esperta consultora

The expert warns that the execution of these criteria must be impeccable. There can be no exceptions or arbitrary deviations in the application of the established salary bands.

This change represents a profound transformation in the relationship between employees and management. Leaders will have to manage all the remuneration information of their teams with greater precision.

Uncertainty over the calendar

Itziar Ruedas, director of the legal department of Pimec, detects high concern among the Spanish business community. The lack of an official transposition draft paralyzes strategic planning.

"The only thing I am clear about is that we will not reach June 7" - Nieves Rabassó, president of the Commission for Labor Relations and Human Capital Management of the College of Economists of Catalonia

Many organizations have waited to have more official details before acting. This inaction causes most companies to be late in adapting their systems.

Pardo estimates that the regulation could come into effect around January if administrative deadlines are met. He advises companies to begin immediate preparation without waiting for the final publication.

The judicialization of labor conflicts seems inevitable during the adaptation period. Companies face the challenge of bringing order to their pay structures while navigating regulatory uncertainty.

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