1) Reminder of publication dates.
Decree No. 2019-15 of January 8, 2019 applying the provisions aimed at eliminating the pay gap between women and men requires all companies with more than 50 employees to publish an index annually.
Article 4 of this decree however provides for different implementation dates depending on the workforce of the company concerned:
• Companies with at least 1,000 employees: publication of the index had to be carried out by March 1, 2019 at the latest;
• Companies of at least 250: the publication must be carried out at the latest on September 1, 2019;
• Companies with at least 50 employees: the publication must be made by March 1, 2020 at the latest.
In September 2019, the Minister of Labor specified that 99% of the companies with more than 1,000 employees had published their index but that they were only 68% of the companies with 250 and 1,000 employees who had published it.
2) Terms of publication.
The index on equality between women and men must be published on the company's website or, if there is no website, brought to the attention of employees by any means (posting, mail, email, etc.) (art. D. 1442-4 C. trav.).
It must also be transmitted to the CSE via the Economic and Social Database as well as to the Ministry of Labor according to a tele-declaration procedure (art D. 1142-5 C.trav).
In this regard, it should be clarified that if only the GLOBAL result obtained by the company must be communicated to employees, the CSE and the Labor Inspectorate must in turn be communicated all the results of each indicator (cf. . infra) as well as all the information useful for understanding the calculation performed (art. D.1142-5 C. trav.).
To read all article, please click on the link below
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
2) Equality women / men: details on the index provided by the decree of April 29, 2019.
3) Equal pay for women and men: how to calculate the index? https://www.village-justice.com/articles/egalite-salaire-femmes-hommes-comment-calculer-index,30749.html
4) Gender equality index: PowerPoint by CHHUM AVOCATS (Paris, Nantes, Lille) from the Paris Bar's lawyers' Campus on July 3, 2019
5) Gender equality: why is the index a biased tool?
6) Employees, managers: Gender equality: the 10 new rights for women and / or men stemming from the law of August 4, 2014
Frédéric CHHUM avocat et membre du conseil de l’ordre des avocats de Paris
CHHUM AVOCATS (Paris, Nantes, Lille)
.Paris: 4 rue Bayard 75008 Paris tel: 0142560300
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