Yes
1953
1981
1983
Applicable
1910, Labour Code (amended in 2018), Section L3221-2 & L3221-5 Available, in the original version, here. The Labour Code (as amended in 2018) provides that "Every employer shall ensure equal pay for equal work or work of equal value for women and men" (Section L3221-2) and that "Disparities in remuneration between establishments of the same undertaking may not, for the same work or for work of equal value, be based on the fact that the employees of these establishments belong to either sex" (Section L3221-5). (unofficial translation)
No provisions could be located
The Labour Code (as amended in 2018) establishes in Section L3221-3 that remuneration is "salaries or ordinary base or minimum payments, and any other benefits or complements paid, directly or indirectly, in cash or in kind, by the employer to the worker due to the latter's employment." (unofficial translation)
The Labour Code (as amended in 2018) establishes in Section L3221-4 that "Work of equal value shall be regarded as work which requires employees to have a comparable body of professional knowledge embodied in a title, diploma or professional practice, ability derived from experience, responsibility and physical or nervous load." (unofficial translation)
The Labour Code (as amended in 2018) establishes, in Section L3221-6, the following: "The various components of compensation are established according to identical standards for women and men. The categories and criteria for professional classification and promotion, as well as all other bases for calculating compensation, in particular job evaluation methods, are established in accordance with rules that ensure the application of the principle set forth in Section L. 3221-2." (unofficial translation)
In 2019, through the Law n° 2018-771 of September 5, 2018 on the Freedom to Choose your Professional Future, France implemented a system that establishes an obligation of transparency and results for all private companies with at least 50 employees and all public services: the Professional Equality Index between women and men. This tool is made up of four to five indicators depending on the size of the company, aims to measure the gaps in pay and situation between women and men in the company each year. Equal pay reporting is measured using 4 to 5 indicators depending on whether the company has fewer or more than 250 employees: 1. the average pay gap between women and men; 2. the difference in the rate of individual increases; 3. the difference in promotion rates (only in companies with more than 250 employees); 4. the number of employees increased upon their return from maternity or adoption leave; and 5. the number of people of the under-represented sex among the 10 highest paid. These indicators are calculated on a scale of 100 points. When the company obtains an overall score of less than 75 points out of 100, it has the obligation to put in place adequate and relevant corrective measures in order to reach the threshold of 75 points within a maximum period of three years. Law n° 2018-771 of September 5, 2018 on the Freedom to Choose your Professional Future, Chapter IV. Available, in the original version, here. Level of penalties and compensations: Companies that are not covered by an agreement or by a unilateral action plan relating to professional equality between women and men, and / or have not published their Index of Equality between Women and Men, and / or have not defined the corrective measures in the event of a score below 75, may be notified of a penalty of up to 1% of payroll. Likewise, companies whose results do not reach the threshold defined by decree (75 points out of 100) within three years may be penalized with a financial penalty of up to 1% of their payroll. In the public sector, if the plan is not drawn up or if the plan is not renewed, the defaulting employer is liable to a penalty of a maximum amount of 1% of the total gross annual remuneration of all employees. In 2019, French Ministry of Labour set up a comprehensive support system aimed at helping companies - in particular those with 50 to 250 employees - in the implementation of the Professional Equality Index: - an online simulator allowing companies to calculate and report their Index quickly and easily, while benefiting from help with the details of the calculation (available here.). This integrates all the calculation formulas and automatically gives the result of each indicator, in addition to the Global Index; - a Q&A posted on the website of the Ministry of Labour, which provides precise answers to the most frequent questions from employers; - "equality specialists" referents in the regional directions of the ministry of Labour and a network of equality ambassadors whose role is to explain the meaning of the reform, to spread the subject of professional equality more widely to the heads of small and medium-sized enterprises and to disseminate good practices in this area; - a hotline / telephone assistance to allow business managers and human resources staff (or anyone required to calculate the index) to contact by telephone an interlocutor capable of answering simple to moderately complex questions; - face-to-face but also remote internships aimed at supporting companies with 50 to 250 employees in calculating their Index and in defining adequate and relevant corrective measures; - a MOOC (online self-training) intended for small and medium-sized enterprises, allowing employers to train at their own pace on the calculation of the Index and the definition of corrective measures. In the public service, the agreement of November 30, 2018 relating to professional equality between women and men provides for the deployment of a methodology for identifying pay gaps with public employers and, in the absence of sanctions if the gaps are important, employers must deploy an action plan to reduce inequalities presented to trade unions. An indicator of the gap in promotions (evolution of individual careers) as well as the evolution of the remuneration of people in positions (present 2 consecutive years) must also be presented.
National
The Labour Code (as amended in 2018) provides in Section L3231-12 that "A guaranteed minimum is determined according to the change in the national consumer price index by applying the provisions of Article L. 3231-4. It is used in particular for the evaluation of benefits in kind. This guaranteed minimum may be raised, by regulation, to a higher level than that resulting from the application of the first paragraph." (unofficial translation) Available, in the original version, here. See also Minimum Wage Growth Decree from 19 December 2018. Further information is available, in the original version, here.
In companies where one or more trade union sections of representative organizations are set up and where one or more trade union representatives are appointed, as per Section L. 2242-1 of the Labour Code (as amended in 2018), the employer engages every year (or at least once every four years if a collective agreement on the frequency binding negotiations have been concluded): 1. Negotiations on remuneration, in particular actual wages, working hours and the sharing of added value in the company; 2. Negotiations on professional equality between women and men, with a specific focus on measures aimed at eliminating pay gaps and at increasing the quality of life at work. Any agreement concluded at the end of this negotiation must meet the conditions set out in Section R. 2242-2 of the Labour Code (as amended in 2018). Available, in the original version, here. Since January 1st, 2012, all companies with at least 50 employees must be covered by an agreement or, failing this, an action plan relating to professional equality between women and men setting progress objectives, measures to achieve them and quantified indicators in a certain number of fields of action, which must include actual remuneration. The corrective measures that must be defined following the publication of an Index of less than 75 points are incorporated into this agreement or action plan. Companies failing to comply with this obligation may be subject to a financial penalty of up to 1% of their payroll. Public administrations are now also subject to the obligation to adopt action plans for professional equality. In companies without an union representative, in those which are not subject to the obligation to negotiate, and in those not covered by a convention or an extended branch agreement relating to equal pay between women and men, the employer is required to take into account the objectives of professional equality between women and men in the company and the measures to achieve them. At a sectoral level, negotiations on "measures to ensure professional equality between women and men and on remedial measures to reduce the inequalities observed" must be opened every three years. The law also requires that "the objective of professional equality between women and men and of job diversity" be taken into account when considering the need to revise classifications.
N/A
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