Dutch pay transparency; what you can ask for now, and what comes later
By Zoran Hristov ·
Almost every article about pay transparency is written for employers, and almost all of them read as though the rules already apply. They don’t. This one is about your side of the conversation, and it starts with where the law actually stands — because that is what determines what you can and cannot do today.
As of 2 September 2026 the law has not been passed. The Netherlands missed the European deadline of 7 June 2026. Bill 36 949 sits with the House of Representatives, has not been voted on, and must still pass the Senate afterwards. Expected entry into force is 1 January 2027. So you do not have these rights yet.
Where things stand
European Directive (EU) 2023/970 requires member states to write pay transparency into national law. The Netherlands is behind, asked for more time, and was refused.
- 18 December 2025 — The European Commission refuses an extension. All member states must transpose by June 2026; missing it can trigger infringement proceedings.
- 21 May 2026 — The amended bill 36 949 goes to the House of Representatives.
- 28 May 2026 — Advice received from the Council of State.
- 7 June 2026 — The European deadline passes, with no Dutch law in place.
- 29 June 2026 — The committee issues its report.
- 1 September 2026 — The government files an amendment together with its response to the report.
- 8 September 2026 — Procedural meeting of the Social Affairs and Employment committee.
- 1 January 2027 — Expected entry into force, subject to passage through both chambers.
What you will be able to ask for
The directive gives you five concrete things. All of them concern your position, not your employer’s.
The pay range, before you negotiate. When you apply, you must be given the pay range for the role — in the vacancy, or otherwise before the conversation where money is discussed. No more walking into a negotiation blind.
No more questions about what you currently earn. Employers may not ask about your salary history. This is the provision that matters most to anyone who was once placed low: your old salary can no longer set your new one.
The criteria your pay is based on. You can request the criteria used to set pay levels and pay progression. Employers with fewer than fifty staff are exempt from the pay-progression part.
Pay levels for your kind of work, broken down by sex. You may request the average pay level for the category of workers doing the same or equivalent work as you, broken down by sex. This is the instrument that lets you see whether you sit out of line.
An annual reminder that you have this right. Your employer must tell you every year that the right exists. You are not expected to discover it yourself.
What your employer must publish, and when
Alongside your individual rights, larger employers must report periodically on the pay gap.
| Employer size | First report | Frequency |
|---|---|---|
| 250 or more staff | 7 June 2028 | annually |
| 150 to 249 staff | 7 June 2028 | every 3 years |
| 100 to 149 staff | 7 June 2031 | every 3 years |
| Fewer than 100 | — | not required |
These dates are not settled. They follow the Dutch timetable with entry into force in 2027. Because the Commission refused an extension, several advisers expect the reference year to move forward by one — meaning the pay year running right now may already count.
Where a category shows an average pay difference of 5 per cent or more that cannot be justified on objective, gender-neutral criteria, the employer must correct it within six months or carry out a joint pay assessment.
What it is not
This is where expectations usually go wrong, so plainly:
- It is not a right to see what your colleague earns. You get aggregated pay levels per category of work, broken down by sex — not individual salaries.
- It is not a general pay law. The basis is equal pay between men and women. Other kinds of pay disparity are not automatically covered.
- It does not force anyone to raise your pay. It makes differences visible and shifts the burden of justification onto the employer; what you do with that is still yours.
What you can do now
The law does not apply yet, but the run-up is not empty. There is currently an asymmetry working against you: employers know this is coming and are preparing, while you do not yet hold the rights. Three things that push back.
Ask for the range anyway
There is no reason to wait for a law before asking what the band for a role is. More and more Dutch employers state it unprompted, and the question has become normal enough that it no longer reads as forward. An employer who refuses to answer it now is telling you something useful.
Record your own starting position
Write down what you earn, what your job description formally says, and what work you actually do. When the figures eventually become public, you will want to show which category applies to you — and that is precisely where these discussions stall.
Know that the pay year may already be running
If the reference year does move forward, the figures your employer will later have to publish are being formed right now. If you have a grading conversation left this year, it may sit inside the data they will later have to account for.
Pay transparency also makes one career decision considerably less foggy: whether the technical track at your employer really goes as far as the management one. We wrote about how to make that call separately.
This is general information, not legal advice. The bill is currently before parliament and its text may still change; check the current status before acting on it. For your own situation, consult a lawyer, your union, or your works council.
— Zoran