After companies employing more than 1,000 employees and those with more than 250 employees, it is the turn of companies whose workforce is between 50 and 250 employees to publish their index on gender equality no later than March 1 2020 (art. 4 decree n ° 2019-15 of January 8, 2019).
1) Reminder of publication dates.
Decree No. 2019-15 of January 8, 2019 applying the provisions aimed at eliminating the pay gap between women and men requires all companies with more than 50 employees to publish an index annually.
Article 4 of this decree however provides for different implementation dates depending on the workforce of the company concerned:
• Companies with at least 1,000 employees: publication of the index had to be carried out by March 1, 2019 at the latest;
• Companies of at least 250: the publication must be carried out at the latest on September 1, 2019;
• Companies with at least 50 employees: the publication must be made by March 1, 2020 at the latest.
In September 2019, the Minister of Labor specified that 99% of the companies with more than 1,000 employees had published their index but that they were only 68% of the companies with 250 and 1,000 employees who had published it.
2) Terms of publication.
The index on equality between women and men must be published on the company's website or, if there is no website, brought to the attention of employees by any means (posting, mail, email, etc.) (art. D. 1442-4 C. trav.).
It must also be transmitted to the CSE via the Economic and Social Database as well as to the Ministry of Labor according to a tele-declaration procedure (art D. 1142-5 C.trav).
In this regard, it should be clarified that if only the GLOBAL result obtained by the company must be communicated to employees, the CSE and the Labor Inspectorate must in turn be communicated all the results of each indicator (cf. . infra) as well as all the information useful for understanding the calculation performed (art. D.1142-5 C. trav.).
3) Support for companies with 50 to 250 employees for the publication of their index
In order to facilitate the publication of the index for companies with 50 to 250 employees, the Ministry of Labor provides them with several specific tools, namely:
- An online self-training module (or MOOC) to find out how to calculate the Index in January 2020, which you can register online. (1)
- Half-day internships, reserved for companies with 50 to 250 employees, for calculating the Index and designing corrective measures in person or remotely. They started in Paris since December 9, 2019 and in Nanterre since December 11, 2019. (1)
There are also other online tools available to all companies, namely the online simulator to allow companies to easily calculate their indicators (2), frequently asked questions on the ministry's website (3) but also the list of female-male equal pay advisers available to answer questions from companies (4).
4) Methods of calculating the index.
The index established on gender equality is based on several indicators which each represent a different number of points for an overall result noted out of 100 points:
For companies with more than 250 employees, 5 indicators must be calculated:
• Pay gap between women and men (40 points);
• Difference in the rate of individual increases (excluding promotions) between women and men (20 points);
• Difference in promotion rates between women and men (15 points);
• Percentage of employees who received an increase in the year following their return from maternity leave (15 points);
• Number of employees of the underrepresented sex among the ten employees who received the highest compensation (10 points).
For companies with 50 to 250 employees, 4 indicators must be calculated:
• Pay gap between women and men (40 points);
• Difference in the rate of individual increases and promotions between women and men (35 points);
• Percentage of employees who received an increase in the year following their return from maternity leave (15 points);
• Number of employees of the underrepresented sex among the ten employees who received the highest compensation (10 points).
Read also our article published on The Village of Justice: Gender equality: how to calculate the index?
5) Penalty in the event of failure to publish.
Failing publication, companies are exposed to a financial penalty of up to 1% of the remuneration and earnings received by the company (art. L. 2242-8 C. trav.).
Before pronouncing the penalty, the labor inspection supervisor must give notice to the employer to remedy the situation within an execution period set according to the nature of the breach and the situation identified in the 'company and which cannot be less than one month (art. R. 2242-3 C. trav.).
In the absence of regularization, the amount of the financial penalty imposed is set by the DIRECCTE according to the efforts noted in the company in terms of professional and salary equality between women and men as well as the reasons for its failure (art. R. 2242-5 and R. 2242-6 C. trav.).
Murielle Pénicaud, Minister of Labor, said that on March 1, 2020 she would publish the names of companies with more than 1,000 employees who had not reached 75 points under the Name and Shame "principle". To be continued.
(1) https://www.demarches-simplifiees.fr/users/sign_in
(2) https://index-egapro.travail.gouv.fr/
(4) https://travail-emploi.gouv.fr/IMG/xlsx/referents_egalite_professionnelle.xlsx
To read or re-read CHHUM AVOCATS (Paris, Nantes, Lille) articles on gender equality
1) Gender equality: companies with more than 250 employees must publish their index on September 1, 2019! https://www.village-justice.com/articles/egalite-femmes-hommes-les-entreprises-251-1000-salaries-doivent-publier-leur,32191.html
2) Equality women / men: details on the index provided by the decree of April 29, 2019.
3) Equal pay for women and men: how to calculate the index? https://www.village-justice.com/articles/egalite-salaire-femmes-hommes-comment-calculer-index,30749.html
4) Gender equality index: PowerPoint by CHHUM AVOCATS (Paris, Nantes, Lille) from the Paris Bar's lawyers' Campus on July 3, 2019
5) Gender equality: why is the index a biased tool?
6) Employees, managers: Gender equality: the 10 new rights for women and / or men stemming from the law of August 4, 2014
Frédéric CHHUM avocat et membre du conseil de l’ordre des avocats de Paris
CHHUM AVOCATS (Paris, Nantes, Lille)
e-mail: chhum@chhum-avocats.com
https://www.instagram.com/fredericchhum/?hl=fr
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