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1. For the purposes of this Directive, the following definitions apply:

(a) ‘pay’ means the ordinary basic or minimum wage or salary and any other consideration, whether in cash or in kind, which a worker receives directly or indirectly (complementary or variable components) in respect of his or her employment from his or her employer;

(b) ‘pay level’ means gross annual pay and the corresponding gross hourly pay;

(c) ‘gender pay gap’ means the difference in average pay levels between female and male workers of an employer expressed as a percentage of the average pay level of male workers;

(d) ‘median pay level’ means the pay level at which half of the workers of an employer earn more and half of them earn less;

(e) ‘median gender pay gap’ means the difference between the median pay level of female and median pay level of male workers of an employer expressed as a percentage of the median pay level of male workers;

(f) ‘quartile pay band’ means each of four equal groups of workers into which they are divided according to their pay levels, from the lowest to the highest;

(g) ‘work of equal value’ means work that is determined to be of equal value in accordance with the non-discriminatory and objective gender-neutral criteria referred to in Article 4(4);

(h) ‘category of workers’ means workers performing the same work or work of equal value grouped in a non-arbitrary manner based on the non-discriminatory and objective gender-neutral criteria referred to in Article 4(4), by the workers’ employer and, where applicable, in cooperation with the workers’ representatives in accordance with national law and/or practice.

(i) ‘direct discrimination’ means the situation in which one person is treated less favourably on grounds of sex than another person is, has been or would be treated in a comparable situation;

(j) ‘indirect discrimination’ means the situation in which an apparently neutral provision, criterion or practice would put persons of one sex at a particular disadvantage compared with persons of the other sex, unless that provision, criterion or practice is objectively justified on the basis of a legitimate aim, and the means of achieving that aim are appropriate and necessary;

(k) ‘labour inspectorate’ means the body or bodies responsible, in accordance with national law and/or practice, for control and inspection functions in the labour market, save that, where provided for in national law, the social partners may carry out those functions;

(l) ‘equality body’ means the body or bodies designated pursuant to Article 20 of Directive 2006/54/EC;

(m) ‘workers’ representatives’ means the workers’ representatives in accordance with national law and/or practice.

2. For the purposes of this Directive, discrimination includes:

(a) harassment and sexual harassment, within the meaning of Article 2(2), point (a), of Directive 2006/54/EC, as well as any less favourable treatment based on a person’s rejection of, or submission to, such conduct, when such harassment or treatment relates to or results from the exercise of the rights provided for in this Directive;

(b) any instruction to discriminate against persons on grounds of sex;

(c) any less favourable treatment related to pregnancy or maternity leave within the meaning of Council Directive 92/85/EEC ;

(d) any less favourable treatment, within the meaning of Directive (EU) 2019/1158 of the European Parliament and of the Council , based on sex, including with regard to paternity leave, parental leave or carers’ leave;

(e) intersectional discrimination, which is discrimination based on a combination of sex and any other ground or grounds of discrimination protected under Directive 2000/43/EC or 2000/78/EC.

3. Paragraph 2, point (e), shall not entail additional obligations on employers to gather data as referred to in this Directive with regard to protected grounds of discrimination other than sex.