1) The company must take into account a target of eliminating the pay gap between women and men (Article L. 1142-7 of the French Labour Code).

The employer takes into account a goal of eliminating pay gaps between women and men.

Such provisions shall apply no later than January 1st, 2019 for companies with more than 250 employees and no later than January 1st, 2020 for companies with between 50 and 250 employees.

2) The company must publish indicators of equal pay differences between women and men (Article L. 1142-8 of the French Labour Code).

2.1) Indicators for companies with more than 50 to 250 employees.

For companies from 50 to 250, the indicators mentioned in Article L. 1142-8 are as follows:

1. The pay gap between women and men, calculated on the average of women's earnings compared to men's, by age group and by category of equivalent positions;

2. The rate gap of individual wage increases between women and men;

3. The percentage of employees who received an increase in the year following their return from maternity leave, if increases occurred during the period during which the leave was taken;

4. The number of employees of the under-represented sex among the ten employees who received the highest salaries.

In both cases, when a Workers’Counsil (CSE Social and Economic Committee) has been set up at the level of a social and economic unit recognized by collective agreement or by court decision between several legally distinct companies, the indicators are calculated at the level of the economic and social unit.

2.2) Indicators for companies with more than 250 employees. Indicateurs pour les entreprises de plus de 50 à 250 salariés

For companies with more than 250 employees, the following indicators must be published:

1. The pay gap between women and men, calculated on the average of women's earnings compared to men's, by age group and by category of equivalent positions;

2. The rate gap of individual wage increases not corresponding to promotions between women and men;

3. The gap in promotion rates between women and men;

4. The percentage of employees who received an increase in the year of their return from maternity leave, if increases occurred during the period during which the leave was taken;

5. The number of employees of the underrepresented sex among the ten employees who received the highest salaries.

To read all the article, please click on the link below

https://blogavocat.fr/space/frederic.chhum/content/french-labour-law-equal-pay-between-women-and-men-%C3%A9galit%C3%A9-salariale-femmes-hommes-new-rules-applicable-2019-decree-n%C2%B02019-15-january-8th-2019_

 

Source: Decree n° 2019-15 of 8th January 2019 (JO January 9th, 2019)

https://www.legifrance.gouv.fr/affichTexte.do?cidTexte=JORFTEXT000037964765&dateTexte=&categorieLien=id

Frédéric CHHUM, Avocats à la Cour (Paris et Nantes)

Membre du Conseil de l’ordre des avocats de Paris

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E-mail : chhum@chhum-avocats.com

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