The General Director of Labor (DGT) has communicated its instructions on the implementation of the gender equality index (index égalité femmes / hommes), in an instruction sent on 15 July 2019 to the labor inspection services.
As a reminder, the index set up by the law "Avenir professionnel" of September 5, 2018 makes it possible to evaluate the differences in remuneration within each company, with a view to reducing gender inequalities.
The purpose of the unpublished instruction is to assist companies in the implementation of the index and to guide inspection procedures.
According to the instruction, the controls will target, first and foremost, companies that have not published their index or that have not sent it to the administration, and then companies that score less than 75 points.
Companies with 1,000 employees or more should be considered first, since they have an obligation to publish their index since March 1, 2019.
Then follow smaller companies, which have a longer period to publish their index (September 1, 2019 for companies employing between 250 and 1,000 employees, March 1, 2020 for companies employing between 50 and 250 employees) .
The goal given to labor inspectors is to examine 7,000 companies in 2019, and all enterprises with at least 50 employees by 2022.
Regarding the penalties incurred, companies that have not published the index or whose score is less than 75 points risk a financial penalty, calculated on the basis of the activity income of the following whole month (R. 2242-7 C.trav).
An employer who fails to take corrective measures or who is taking improperly correct corrective measures is liable to the same penalty.
The instruction specifies that persisting not to publish the exact note will be worth the absence of publication of the index.
Lastly, it adds that the failure of the employer to transmit data relating to his index is "capable of constituting an obstacle to the performance of the duties of a screening officer who is punished by imprisonment for one year and a fine of € 37,500 ".
Frédéric CHHUM, Avocat and member of the Council of the Paris Bar
CHHUM AVOCATS (Paris, Nantes, Lille)