Those who have not been brought into compliance for three years will be sanctioned for the first time.
Slight progress… But could be better. The average score of companies on the Professional Equality Index has improved slightly, from 85 out of 100 in 2021 to 86 this year. For this fourth edition, 92% of the companies achieved a score that is at least equal to the required minimum, ie 75 points.
Two indicators that really needed it are recovering. That on return from maternity leave a score of 12 out of 15 is achieved, one point more than in 2021 – the fact remains that 2,354 companies (11%) achieve a zero score on this criterion and thus conflict with the 2006 As for the indicator for parity in the top ten salaries, it also increased 1 point to a score of 5 out of 10. Only 27% of companies respect or close to parity.
Yet some 4,506 companies have made no progress on this professional equity index in three or four years. For bad students – who fail to reach the minimum score of 75 points and who have not taken an action plan for three years to correct the situation – the ax should fall. The Minister of Labor, Elisabeth Borne, indicated on Monday that they will see each other “ applying sanctions for the first time Sixteen companies with fewer than 1,000 employees have already been identified by his ministry. This is, according to the list published by the newspaperthe echoesthe software publishing house SAS, Skema Business School, Photobox SAS, Paris Store, GM Consultant, Demathieu Bard Île-de-France, WKDA France, Cafpi, UES Egencia, the engineering company Edeis, CSP Paris Fashion Group, Auto Cables, GVA BymyCar Lyon , UES Paris Saint-Germain Football and two Réunion companies, Automobiles Réunion and Cotrans Réunion.
Depending on the number of employees, these companies can be threatened with a heavy financial fine. In concrete terms, when an inspector discovers a violation, he sends a fine report to the regional directorates for economy, employment, labor and solidarity (Dreets). This structure then informs the employer by registered letter with acknowledgment of receipt, requesting it to put forward its comments and any reasons for the failure. In view of these elements, Dreets can decide to grant the employer an extra period or to impose the fine. In this case, the penalty percentage is determined taking into account the measures taken by the company regarding equal pay for women and men, the good faith of the employer and the reasons for non-payment.
An instruction dated September 7, 2021 provides that “the fine is due once, with a maximum percentage of 1% of the wage bill of the companyThis is calculated on the basis of the wages paid in the calendar year preceding the expiry of the three-year period. Since 2019, the Ministry and the Labor Inspectorate have carried out 32,460 interventions, issued 504 warnings and 32 financial sanctions have already been imposed. to companies that, contrary to what is required by law, have never published their index.