Moving from an “obligation of means” to an “obligation of results” for companies that do not comply with the equal pay between men and women : such is the position defended by Muriel Pénicaud and Marlène Schiappa. To do this, the minister of labour and the secretary of State in charge of equality between women and men were introduced, on may 9, fifteen shares, to end the pay gap and combating violence in the workplace.
These ads are passed relatively unnoticed because they were overshadowed by the revelation of France’s opposition to the provision of the european directive proposing to better compensate for the parental leave. However, “support the draft directive” does well in part, upon the paper, the action plan presented by Ms. Pénicaud and Schiappa.
This plan, including some measures that will act for the freedom to choose his or her professional future by means of amendments, concludes that the dialogue between the social partners on professional equality between men and women, launched by the government in the month of march.
Objective criteria
The able flagship of this plan – which focuses almost exclusively on companies with more than 50 employees – is to put in place a “common methodology” for measuring the wage gap unexplained between men and women. If, today, the law already requires businesses with at least 50 employees to negotiate an agreement or put in place an action plan on professional equality, on pain of a financial penalty of the order of 1 % – at most – of their payroll, it does not, however, have obligations of results.
The difficulty of comparing between the remuneration of employees, which are rarely equivalent positions, is an argument often put forward by companies to justify the lack of goals…
