In promoting his plan for the fight against the pay gap between men and women, on 23 October, Muriel Pénicaud has been accompanied by a pretty dumpling: companies that have been unable or unwilling to comply with the law on equal pay, she explained on France Info radio, shall be punished by a fine equivalent to 1% of turnover” – when the amount of the penalty will be, in fact, function of their payroll. They will have to pay 1% of course, but the accumulation of all of the gross remuneration of the employees of the establishment concerned. A weapon as a deterrent, particularly for larger companies.

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The minister of Labour has promised to unveil in the coming weeks, the ways to measure differences in treatment between men and women on the payroll, and to put an end to it. As of January 1, all businesses with more than 50 employees will be in the obligation to draw up an inventory.

In case of deviation, they will need to spend to reduce it, an envelope of catch-up in a period of three years. Failing this, they will be punished. According to the rue de Grenelle, for equal work, women are paid about 9% less than men.

Most software, but a bundle of criteria

This is the overall philosophy. The government talks about it for months, and promises a radical change to the law to be applied. “Equality between women and men is a constitutional principle, and the law Roudy on the principle of equality has 35 years old,” said Muriel Pénicaud in an interview with the JDDen January 2018. Companies are now required to pass an “obligation of means” to an “obligation of results”.

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initially, the government had announced the implementation of an extension of the payroll software taking a snapshot of the wage gap, before machine back a few months later. After consulting with experts and social partners – an obligation because the measure falls within the framework of the consultation on professional equality between women and men led with them – the government decided to opt for a bundle of criteria”.

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the pay Gap between men and women, percentage of women increased after maternity leave, gap between the share of women and that of men increased, and the gap between the average time elapsing between two promotions for them or even the number of women among the ten employees the best paid in the business… were the first criteria mentioned, during the summer, but never confirmed. The minister promised: they should be specified next month.

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