6. Additional instructions for the gender pay gap data in Annex IV

Institutions that are participating in the gender pay gap benchmarking exercise should calculate the gender pay gap on an individual basis, considering the staff members, including staff working at branches in the same Member State, who are predominantly active in the Member State where the institution is located. Staff located predominantly at branches in another Member State or in a third country should not be taken into account.

Institutions should establish a list of all staff and determine which staff should be included in the gender pay gap calculation, in line with the following criteria:

• a. the gender pay gap should be calculated for the staff members that are staff at the end of the financial year, i.e. staff who have left the institution during the financial year are not considered in this exercise;
• b. staff who receive less than their regular total annual remuneration because they were at the end of the financial year on any form of parental leave, long term sick leave or long term special leave should be excluded from the exercise; long-term leave should be understood as leave of at least a consecutive time period of three months;
• c. staff who have been recruited during the last three months of the financial year should not be taken into account in this exercise;
• d. members of the management body in the management function should be treated as staff and identified staff;

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• e. members of the management body in the supervisory function should not be included in the calculation unless they are employee representatives;
• f. members of the management body in its supervisory function who are employee representatives should be taken into account in the calculation as staff and should only be taken into account in the calculation for identified staff if they are identified staff based on the function they have as a staff member.

The gender pay gap should be calculated as the difference between the average remuneration of men and women expressed as a percentage of the average remuneration of men. Institutions should use for the calculation the annual gross remuneration of staff on a full-time equivalent basis. In line with the EBA Guidelines on sound remuneration policies under Directive 2013/36/EU, institutions should consider the total remuneration awarded and also, on a best-effort basis, the working time arrangements, annual leave periods and other financial and non-financial benefits when calculating the gender pay gap, taking into account the provisions of the following paragraph.

For each staff member who should be included in the gender pay gap calculation in accordance with paragraph 51, institutions should establish their total gross annual remuneration as the sum of fixed and variable remuneration, considering the following:

• a. Non-monetary benefits (e.g. company car, interest-free loans, free company kindergarten etc.) should be taken into account at their taxed monetary equivalent.
• b. Regular payments into the pension system and health insurance for all staff should not be considered. Discretionary pension benefits should be considered.
• c. The full variable remuneration awarded for all performance periods that ended during the financial year on which the calculation is based should be used, even if they concern performance periods longer than one year. This should include variable remuneration based on non-revolving multiannual performance periods as specified in paragraph 46.
• d. Guaranteed variable remuneration (sign-on bonus) and severance payments (e.g. where the contract of staff has not yet ended at the end of the financial year) should not be taken into account in the calculation.
• e. For staff who have been working part-time, including for parts of the financial year, or have not been employed for the full financial year or have been on other forms of leave during parts of the year (e.g. unpaid or parental leave), the full annual amount of variable and fixed remuneration should be established on a best-effort basis that the staff would have received if they had been paid for the whole financial year on a full-time basis. Institutions might calculate the amounts by extrapolating the remuneration, e.g. awarded for part-time employment, to the total annual gross remuneration on a full-time annual basis (e.g. the remuneration of staff working on a 50% part-time contract would be multiplied by a factor of 2 to arrive at the annual full-time remuneration).

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Institutions should calculate the gender pay gap for all staff (including identified staff, identified on an individual basis) and separately for their identified staff. Institutions should, in accordance with national law and the GDPR, make every reasonable effort to determine the gender of its staff. Institutions may omit staff members whose gender cannot be ascertained.

Institutions that have 250 or more staff should calculate the gender pay gap for each quartile of their total remuneration and in total. Institutions with fewer than 250 staff should only submit the gender pay gap data based on the total figures for all staff. Institutions that have 250 or more identified staff should calculate the gender pay gap for each quartile of their total remuneration and in total. Institutions with fewer than 250 identified staff should only submit the gender pay gap data based on the total figures for identified staff.

Institutions should calculate the pay gap in terms of the representation of each gender as a percentage of male and female staff based on the number of all staff and all identified staff, respectively. Where applicable under paragraph 55, per quartile – whereby the percentages of the male and female representation together should result, where applicable, in 100.00% for each quartile calculated and for the total figures for all staff and for identified staff.

The gender pay gap based on gross remuneration should be expressed as the difference between the remuneration levels of male and female staff, as the:

• a. difference between the mean remuneration of men and the mean remuneration of women, expressed as a percentage of the mean remuneration of men; and
• b. difference between the median remuneration of men and the median remuneration of women, expressed as a percentage of the median remuneration of men.⁵

Institutions should comply with the following instructions in preparing the calculation:

• a. The remuneration of staff members (irrespective of their gender) should be arranged by the amount, beginning with the lowest amount. Each amount of remuneration for a staff member should be allocated to the male or female gender and it should be recorded whether or not the staff member is identified staff.
• b. Staff members of a gender different from the male or female gender should be allocated to the gender they identify with or, if this is unknown or if it is different from the male or female gender, these staff members should be allocated to the male or female gender that in total has the lower number of staff members.
• c. The established list of staff should, where applicable under paragraph 55, be separated into quartiles.
• d. The median and mean of the remuneration for all male and female staff, and separately for male and female identified staff, should be calculated in total and, where applicable under paragraph 55, for each quartile.

5 Gender pay gap in percent = (average remuneration of men – average remuneration of women) *100 / average remuneration of men

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All figures should be submitted as percentages with two decimal places (e.g. ‘ 17.23% ’ or ‘ - 17.23% ’ in the case of a negative value). Where the gender pay gap for one category cannot be calculated, as there are only female staff members, the data point in Annex IV should be assigned the value ‘ N/A ’ , where there are only male staff members the result should show ‘ 100.00% ’ .