2) Which employees to take into account?

2.1) What does the law say?

Are not taken into account in the company's workforce for indicator calculations:

• The trainees ;

• the holders of a professionalisation contract;

• employees made available to the company by an external company;

• expatriate employees;

• employees absent more than half of the annual reference period concerned.

1.2.1) Details of the Ministry of Labor in the FAQ.

The Ministry specifies that to be taken into account an employee must have been present in the company for at least 6 months, this period can be continuous or discontinuous.

Employees excluded from the calculation are those whose employment contract was suspended for more than 6 months during this period.

May be concerned, a sick leave, a maternity leave, a leave without pay or a CDD of less than 6 months.

3) Specific calculation of the indicators.

The 5 indicators presented below make it possible to calculate the global index on 100 points.

3.1) Calculation of the pay gap between women and men (out of 40 points).

3.1.1) What does the law say?

Employees are divided into 4 groups of different age groups:

• less than 30 years old;

• from 30 to 39 years old;

• 40 to 49 years old;

• and 50 and over.

Then they are divided into the following four socio-professional categories:

• workers ;

• employees;

• technicians and supervisors;

• engineers and executives.

These categories may be modified after consultation with the CSE, by level or hierarchical coefficient, in application of the industry classification, or another job rating method.

Only groups with at least 3 men and at least 3 women are taken into account.

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



• Access to the spreadsheet.

• Access to Frequently Asked Questions on February 14, 2019.

• Access to the list of DIRECCTE referents.

• Decree No. 2019-15 of 8 January 2019.

Frédéric CHHUM Attorney Avocat and Member of the Bar Council of Paris

Marion Simoné student lawyer - EFB Paris

CHHUM AVOCATS (Paris, Nantes, Lille)



.Paris : 4 rue Bayard 75008 Paris tel : 0142560300
.Nantes : 41, Quai de la Fosse 44000 Nantes tel : 0228442644

.Lille : 25, rue Gounod 59000 Lille tel : 0320135083