[credit image par Catherine de Pixabay]
In France, before March 1st of each year, employers with at least 50 employees are obliged to calculate and publish indicators determined in the framework of a gender professional equality index score which, if below a specified threshold, result in the obligation to implement corrective measures.
- Indicators taken into account
For companies with 50 to 250 employees, the indicators taken into account to calculate the gender equality index are as follows:
- The pay gap between genders, calculated on the basis of the average pay of women compared with that of men, by age bracket and by category of equivalent positions,
- The difference in the rate of individual salary increases between women and men,
- The percentage of female employees who have received an increase in the year following their return from maternity leave, if increases occurred during the period in which the leave was taken,
- The number of employees of the under-represented sex among the top 10 earners.
More detailed indicators must be calculated for companies with 250 employees or more.
- In the event of a score below 85/100
If the Index score falls below 85 points, the employer must set and publish improvement targets for each indicator.
When the company’s results in relation to the above-mentioned indicators fall below 75 points out of 100, the negotiations on professional equality with the CSE also cover appropriate and relevant corrective measures and, where necessary, the annual or multi-year programming of financial measures to catch up on salaries.
The employer has then 3 years to reduce the inequalities observed and return to a score of at least 75 out of 100.
- Publication of the results and corrective measures
The level of results and the results obtained for each indicator must be published annually, no later than March 1st of the current year for the previous year, in a visible and legible manner, on the company’s website when one exists. In the absence of a website, they are brought to the attention of employees by any other means.
Progress targets and corrective and remedial measures are published on the company’s website, where one exists, and on the same page as the result level and results, as soon as the agreement or unilateral decision has been filed. These measures must remain on the company’s website until it achieves a score of at least 75 points.
Companies must transmit their indicators and overall score to the labor inspection services (Dreets) via an online form, accessible on the Ministry of Labor website.
- Sanctions
Failure to publish results in a visible and legible manner, or failure to implement corrective measures, or the ineffectiveness of such measures, may result in a financial penalty of up to 1% of the company’s annual payroll.
Should you require any assistance for fulfilling your obligation , please do not hesitate to contact us.