Pay gap in practice
In March 2026, two news stories made painfully clear that pay inequality in the Netherlands is not a theoretical problem. The Dutch Institute for Human Rights ruled that the State discriminated against female judges in training with lower salaries for years. At the same time, the SER Gender Balance Monitor shows that the majority of large companies still have no concrete plan to close the pay gap. In this article, we summarize both stories, explain how they relate to the EU Pay Transparency Directive and show how Payqual helps organizations avoid the same mistakes.
Last update: March 6, 2026 · Reading time: 10 minutes
What happened?
Female judges discriminated with lower salary
Dutch Institute for Human Rights, March 2026The Institute ruled that the State discriminated against female judges in training by using the previously earned salary as a classification criterion. Because women earn less on average, this policy led to structural pay differences.
3.5%
average pay gap in favor of men
€1,914
gross monthly difference in the most extreme case
29 years
duration of the discriminatory policy (1994–2023)
Companies barely report on gender ratio
SER Gender Balance Monitor, March 2026The SER examined the gender ratio in the leadership of large Dutch companies for 2024. Despite legal obligations, a third of companies do not report and only four in ten have a concrete action plan.
17.3%
women in boards of large companies
1 in 3
companies do not report on gender balance
Bottom
Netherlands’ position in European comparison
What does this have to do with the law?
Both news stories directly touch on the core of the EU Pay Transparency Directive (2023/970), which must be transposed into Dutch law by 2026.
Ban on using previous salary
The EU directive explicitly prohibits employers from asking candidates about their previously earned salary during classification. This exact criterion led to systematic discrimination in the judge training program. Had this rule been in effect earlier, the average 3.5% gap would not have occurred. Employers must classify based on objective, gender-neutral criteria.
Reporting obligation makes inequality visible
The SER Monitor shows that a third of companies simply do not report on gender balance. Under the new directive, companies with more than 100 employees are required to periodically report on pay differences between men and women. If the difference exceeds 5% without objective justification, the company must take action.
Burden of proof shifts to the employer
Where employees previously had to prove they were being discriminated against, the directive reverses the burden of proof. If an employee identifies a pay difference, the employer must prove there is no discrimination. The judges case shows how difficult this proof can be when classification policy is not objectively designed.
Where does Payqual come in?
The problems from both news stories are exactly what Payqual is designed for. Our platform ensures organizations do not fall into the same traps.
Objective, gender-neutral classification
Payqual replaces subjective criteria like previously earned salary with an objective job evaluation system. Positions are clustered based on content, responsibility and complexity, not on what someone previously earned.
Automatic reporting and >5% alerts
Where a third of companies fail to report, Payqual automatically generates the legally required reports. When pay differences exceed 5%, you receive an immediate alert so you can intervene before it becomes a problem.
Audit-ready and burden-of-proof compliant
When facing a pay transparency request or complaint, you must be able to demonstrate that your compensation policy is objective and gender-neutral. Payqual documents every decision and every job cluster, so your burden of proof is always in order.
The pay gap is not an abstract problem. The judges case and the SER Monitor prove that even the government and large companies systematically fall short. With the EU Pay Transparency Directive approaching, now is the time to prepare your organization.
Prevent your organization from becoming the next headline
Schedule a demo and discover how Payqual helps you classify objectively, report automatically and always be audit-ready.