Are you allowed to talk about your pay?
We want conversations about pay to feel normal and to stay voluntary.
In short
Talking about pay can make differences in pay easier to spot. Below is a brief look at the law on discussing your own pay and requesting pay information.
Can my employment contract forbid me to talk about pay?
In 2009, the Regional Labour Court of Mecklenburg-Western Pomerania ruled that a contractual clause requiring an employee to keep his pay confidential from colleagues was invalid. The court considered these conversations important for checking whether people were paid equally. The ruling covers that clause and comes from a state labour court (2 Sa 183/09).
Do I have to tell colleagues what I earn?
You can choose whether to discuss your pay with colleagues. The ruling does not require you to share it.
What are the limits when talking about pay?
The ruling did not decide what employees may tell people outside the company. Separate confidentiality rules apply to trade secrets and to works council members.
What does the EU directive change?
The EU Pay Transparency Directive protects disclosure of pay for the purpose of enforcing equal pay. The transposition deadline was 7 June 2026. As of 30 October 2026, we had found neither a German implementing law nor a cabinet decision on one.
How does Germany’s Pay Transparency Act help me?
Germany’s Pay Transparency Act gives employees in workplaces that normally have more than 200 employees with the same employer a right to request information on comparable work. It can provide a median for pay in the comparison group. Section 8(2) restricts the use of information obtained through the request.
Sources
- Regional Labour Court of Mecklenburg-Western Pomerania, judgment of 21 October 2009, 2 Sa 183/09 (together with 2 Sa 237/09), in German: full text, summary by the dbb
- Directive (EU) 2023/970, Articles 5, 7, 34 and 37
- German Bundestag, document 21/7026 of 8 July 2026, in German
- Pay Transparency Act (EntgTranspG), in German: section 8, 10, 11, 12, 14 and 15
- Trade Secrets Act (GeschGehG), in German: section 2, section 5; Works Constitution Act (BetrVG): section 79
This is an overview, not legal advice. As of 30 October 2026.
Common questions
Can my employment contract forbid me to talk about pay?
As a rule, not when it comes to colleagues. On 21 October 2009 the Regional Labour Court of Mecklenburg-Western Pomerania (2 Sa 183/09) held invalid a clause that required an employee to keep his pay confidential, including from other people at the company. It is the ruling of a state labour court, and we have not found one from the Federal Labour Court on this.
Do I have to tell colleagues what I earn?
No. The ruling gives you the freedom to talk, not a duty. You decide whether to tell colleagues what you earn, and how much.
What are the limits when talking about pay?
The ruling covers colleagues and unions, not outsiders. The Trade Secrets Act applies to trade secrets even without a clause in your contract. Works council members have a special duty of confidentiality under section 79 of the Works Constitution Act.
What does the EU directive change?
The Pay Transparency Directive (EU) 2023/970 says employers may not stop employees from disclosing their pay when they want to enforce equal pay, and that member states must ban contract terms that discourage this. The deadline for transposing it was 7 June 2026. As of 30 October 2026, we have found neither a German law transposing it nor a cabinet decision on one.
How does Germany’s Pay Transparency Act help me?
At workplaces with normally more than 200 employees, the Pay Transparency Act of 2017 gives you a right to the median of average monthly gross pay among employees of the other gender, based on a comparable job.