France - Gender equality (égalité Femmes / Hommes) : companies with 50 to 250 employees must publish their index on March 1, 2020 by CHHUM AVOCATS (Paris, Nantes, Lille) – French Employment Law

1) 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).

2) 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.

To read all article, please click on the link below

https://consultation.avocat.fr/blog/frederic-chhum/article-31155-chhum-avocats-french-employment-law-gender-equality-egalite-femmes-hommes-companies-with-50-to-250-employees-must-publish-their-index-on-march-1st-2020.html



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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

https://blogavocat.fr/space/frederic.chhum/content/index-%C3%A9galit%C3%A9-femmes-hommes-le-powerpoint-de-chhum-avocats-paris-nantes-lille-du-campus-des-avocats-du-3-juillet-2019_

5) Gender equality: why is the index a biased tool?
https://www.village-justice.com/articles/salaries-cadres-cadres-dirigeants-egalite-femmes-hommes-pourquoi-index-est,32015.html#eMPpDXuRUO19D8mA.99


6) Employees, managers: Gender equality: the 10 new rights for women and / or men stemming from the law of August 4, 2014
https://www.lagbd.org/index.php/Salari%C3%A9s,_cadres_:_Egalit%C3%A9_hommes/femmes_:_les_10_nouveaux_droits_des_femmes_et/ou_des_hommes_issus_de_la_loi_du_4_ao%C3%BBt_2014_(fr)

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
www.chhum-avocats.fr
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