For the past ten years or so, the Ministry for Equality between Women and Men, Diversity and Equal Opportunities has annually published the “Key figures on equality”, a study on inequalities between women and men, all sectors combined [[Key Figures - 2020 Edition, Towards real equality between women and men, Ministry of Equality between Women and Men: Key Figures-EFH_2020.pdf (egalite -femmes-hommes.gouv.fr).]].
Inequalities are assessed in different settings and environments: media, education, home, culture, but also the professional sphere.
The latter, and more specifically the company, is a place where important issues arise in terms of professional equality between women and men.
What is it really?
1) The finding resulting from the 2020 study
1.1) Gender inequalities in precarious forms of employment
This study shows that women are more likely to hold part-time jobs than men. More than 28% of working women in 2019 were part-time employees compared to 8.3% of men [[Page 10, Key Figures - 2020 Edition, Towards real equality between women and men, Ministry of Equality between women and men: Chiffres-cles-EFH_2020.pdf (egalite-femmes-hommes.gouv.fr).]].
This situation is suffered more by women.
In fact, 7.8% of women are “underemployed”. By "underemployed", the study intends to count employees employed part-time but who would like to work more, or who have worked less than usual during a given reference week, due to part-time unemployment.
This rate is twice that of men, who are 3.1% of them in this situation [[Page 10, Key Figures - 2020 Edition, Towards real equality between women and men , Ministry of Equality between Women and Men: Chiffres-cles-EFH_2020.pdf (egalite-femmes-hommes.gouv.fr).]].
1.2) Gender inequalities in terms of employment
As regards access to vocational training, it seems more limited for women than for men, with the same number of children.
At the end of a period of 10 months after the birth of their second child, only 5% of women had access to training of at least 18 hours, against 15% of men [[Page 11, Key Figures - Edition 2020, Towards real equality between women and men, Ministry of Equality between women and men: Chiffres-cles-EFH_2020.pdf (egalite-femmes-hommes.gouv.fr).]].
The situation does not improve at all as the children get older. When the second child is 4 years old, the rate of women having completed training for at least 18 hours reaches 20%, while that of men is around ten points higher.
Likewise, inequalities in the pay gap are set to grow as the number of children increases. The salary of women with two children is on average 32.3% lower than that of men in the same situation.
This gap increases by more than 15 points when women have three or more children.
The arrival of children in the couple seems to have a greater impact on the professional life of women than on those of men.
Finally, overall, men's salaries are 19% higher than that of women, all professional categories combined.
The differences, still to the detriment of women, are most obvious among executives where it reaches 20%, as well as among blue-collar workers, where it is 16.8% [[Page 13, Key Figures - 2020 Edition, Vers real equality between women and men, Ministry of Equality between Women and Men: Key figures-EFH_2020.pdf (egalite-femmes-hommes.gouv.fr).]].
2) The powers of the company and the employer to cope
2.1) The Equality Index: 2 years after the Avenir Law of September 5, 2018
By Law No. 2018-771 of September 5, 2018, Parliament, on a proposal from the Ministry of Labor, introduced the Equality Index, made up of five indicators that companies must measure and whose results they must publish [ [Law n ° 2018-771 of September 5, 2018: https://www.legifrance.gouv.fr/jorf/id/JORFTEXT000037367660/.]]
On this index, you can reread our various articles:
. 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
. Gender equality: details on the index provided by the decree of April 29, 2019.
. Equal pay for women / men: how to calculate the index? https://www.village-justice.com/articles/egalite-salaire-femmes-hommes-comment-calculer-index,30749.html
. Gender equality index: the PowerPoint of CHHUM AVOCATS (Paris, Nantes, Lille) of the Campus des lawyers du Barreau de Paris of July 3, 2019
. Gender equality: why is the index a biased tool?
. Employees, managers: Gender equality: the 10 new rights of women and / or men resulting from the law of August 4, 2014
The purpose of this measure was to encourage companies to pursue the objective of greater equality between women and men in the workplace.
The first results have also already been published [[Index Egalité Femme-Homme: [[https://index-egapro.travail.gouv.fr/consulter-index
Among the indicators taken into account is precisely the pay gap between women and men. To obtain a maximum number of points, the company must reduce this difference to 0.
As a result, regarding the consequences of the arrival of a child, the law also requires companies to measure the number of increased employees upon their return from maternity leave.
In December 2020, the Minister of Labor, Madame Elisabeth Borne, announced that she intended to expand this system by adding a new indicator on the proportion of women in senior executives [[Gender equality: a new criterion for senior executives, on 04.10.2020, Guillaume de Calignon, Les Echos: https://www.lesechos.fr/economie-france/social/egalite-hommes-femmes-un-nouveau-critere-pour-les-plus-gros-salaires]].
The methods for calculating this indicator will be determined by the social partners during the related negotiations.
As these indicators are intended to counter the statistics presented above, it will be necessary to take an interest in these same measurement elements on the occasion of the next annual publications of this study.
The establishment of the Index may have paid off by then.
2.2) The other tools made available by the Labor Code
Among the tools available to remedy the findings resulting from the 2020 Key Equality Figures, it is also possible to mention the extension of paternity leave.
This goes from eleven days to twenty-one calendar days as of July 1, 2021 [[L1225-35, Labor Code, modified by LAW n ° 2020-1576 of December 14, 2020 - art. 73: https://www.legifrance.gouv.fr/codes/article_lc/LEGIARTI000037951091/.]].
This could lead to a better distribution of family responsibilities between men and women and thus improve the working conditions of the latter as well as their chance of development during their professional career.
Likewise, it also includes the obligation for companies to negotiate each year on the subject of professional equality with their social partners [[L. 2242-1, Labor code: https://www.legifrance.gouv.fr/codes/id/LEGIARTI000035627878/2017-09-24/]].
Finally, the professional interviews that the employer must hold every two years could also make it possible to regularly assess the effectiveness of women's access to continuing training courses [[L6315-1, Labor Code: https://www.legifrance.gouv.fr/codes/article_lc/LEGIARTI000038610069/]].
Frédéric CHHUM avocat et membre du conseil de l’ordre des avocats de Paris (mandat 2019-2021)
Claire Chardès juriste
CHHUM AVOCATS (Paris, Nantes, Lille)
.Paris: 4 rue Bayard 75008 Paris tel: 0142560300
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