PTD-Art.18: Shift of burden of proof
Where workers establish facts from which it may be presumed there has been direct or indirect pay discrimination, it shall be for the employer to prove that there has been no such discrimination; where an employer failed to comply with the transparency obligations, the burden shifts to the employer in the relevant proceedings.
Our statement of the clause of Directive (EU) 2023/970 on pay transparency, held and verified: cite it as PTD-Art.18. The instrument verbatim is not quoted here; the held framework carries the reading.
The evidence this duty asks you to hold
Process recognising the reversed burden of proof in equal-pay proceedings
What usually goes missing
Placing the burden of proof on the worker; Non-compliance with transparency obligations undermining the defence
Where this lands in an audit
In Equal Pay Auditor this control informs the same-work screen, the category figures and the remediation steps, which carry their article citations on the result.