Can the employer ask about my current salary?

Verified by expert panel

In Germany: yes, the question about your previous salary is legally permissible — unlike in parts of the USA. However, you are not obligated to answer truthfully. The Entgelttransparenzgesetz (Pay Transparency Act) and the EU Pay Transparency Directive aim to create transparency about salary structures, but do not oblige employers to refrain from asking about current salary. AGG Section 1 protects against discrimination-based salary setting. Strategically smarter: respond with your salary expectations instead of your current salary — wording: 'I would prefer to discuss my expectations for this position — I am targeting [range].' This steers the discussion in the right direction. As of 28 July 2026 — what will change: once the EU Pay Transparency Directive (Directive (EU) 2023/970) is transposed, asking about salary history becomes unlawful. The transposition deadline expired on 7 June 2026 and Germany let it pass; a binding act is widely expected no earlier than 2027. Until then the question remains permissible. For public-sector employers the directive already has direct effect. Legal information without warranty — this text is not legal advice.

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