Direct Request (CEACR) - adopted 2011, published 101st ILC session (2012)

Equal Remuneration Convention, 1951 (No. 100) - France (Ratification: 1953)

Remuneration gap and occupational segregation. The Committee notes that according to the Government’s report received on 28 November 2011, average annual net wages for women working full time in the private or semi public sectors were 19.2 per cent less than men’s in 2008. The remuneration gap in the public service, both at the State and territorial levels, were less pronounced (14.6 per cent and 11.5 per cent respectively), with the exception of public hospitals where the gap was 22.3 per cent. The Committee notes the Government’s indication that there are several reasons for these differences, mainly direct and indirect discrimination as well as structural discrimination. The Committee also notes, in this regard, the information provided by the Government on occupational segregation between men and women according to which half of the jobs occupied by women (50.60 per cent) are concentrated in 12 of the 87 existing job families. Moreover, in its previous comments, the Committee had requested the Government to provide information on the implementation of the Equal Pay Act of 23 March 2006 and, in particular, on the conclusions of the planned midterm progress report. Noting that the Government’s report contains no information on this point, the Committee asks the Government once again to provide information on the implementation of the Equal Pay Act of 23 March 2006 and, in particular, on the conclusions of the planned midterm progress report. The Committee also asks the Government to indicate the measures adopted to address effectively occupational sex segregation in the labour market as an underlying cause of the persistent gender pay gap, particularly to increase the possibilities of employment for women in male dominated job families.

Sectoral and enterprise agreements. The Committee notes the information provided by the Government concerning the adoption of sectoral and enterprise agreements with clauses related to the wage gap. The Committee notes in particular that of 41 agreements on mandatory wages negotiations, 38 merely recall the Act of 23 March 2006, three involve an analysis of the situation of men and women and make recommendations for the enterprises in 2011 aiming at reducing wage gaps. The Committee notes that the Government highlights the shortcomings in the agreements negotiated, particularly linked to the difficulty of analysing wage gaps to give a specific number to the wage differences between men and women, to establishing a programme of operational and concrete measures aimed at reducing these differences and to follow up on the results of the action plans. The Committee also notes that the number of sectoral agreements dealing specifically with equality in employment seems to have stagnated (34 in 2009 and 37 in 2010). The Committee asks the Government to increase its efforts in order to raise social partners’ awareness with respect to the principle of equal remuneration for men and women for work of equal value so that this principle is taken into account in collective bargaining. The Committee asks the Government to provide information on any measures taken in this regard. The Committee also asks the Government to continue to provide information on the sectoral and enterprise agreements concerning equal wages and on the concrete measures adopted by social partners thereon to reduce wage gaps. Please also provide information on any collaboration with the social partners on equal wages as well as on the action taken in this regard.

Equal remuneration in the public service. In its previous comments, the Committee noted the adoption of the framework mechanism for the function and performance bonus (PFR), aimed at revamping the policy on allowances in the public service, and involving the drawing up of a typology of jobs in each ministry and assigning a rating to them. At that time, the Government indicated in this respect that the transparency of this classification was such as to prevent disparities between male and female employees. The Committee notes the Government’s indication that a report was drafted in 2011 on equality in employment between men and women in the public service and that a consultation process between administrative services and trade unions has begun, in order to implement some avenues of action. The Committee notes that this report contains six proposals for equality, related in particular to the improvement of women’s career development: strengthening of statistical information aimed at better identifying the obstacles to women’s career development; fixing clear and mandatory objectives regarding the proportion of women in management posts; measures related to human resources management (career interruptions); encouragement for reconciliation of work–life balance; establishment of a training and communication national plan related to equality in employment; sharing of these objectives with the trade unions with the aim of reaching a national agreement in the public service. Recalling the persistent gender pay gap in the public service, in particular in the hospital sector, the Committee asks the Government to take the necessary measures so that the principle of equal remuneration for men and women for work of equal value is fully taken into account in the job evaluation process carried out in the implementation of the PFR and to provide information in this regard. The Committee also asks the Government to provide information on the concrete follow up measures that will be adopted in the framework of the report concerning equality in employment in the public service in order to eliminate disparities in remuneration and on the impact of such measures.

Objective job evaluation. The Committee notes from the Government’s report that its policy is aimed at encouraging enterprises to monitor their own gender wage gap, according to different occupational categories and different job positions, including through the obligation to draw up comparative situation reports. The Committee once again asks the Government to provide information on the impact of the comparative situation reports on the implementation of objective job evaluation within enterprises, and on the gender wage gap, indicating if and how these analyses of the situation regarding equal remuneration for men and women have allowed on a re-evaluation of tasks predominantly performed by women, leading to wage compensation.

The Committee welcomes the launching of the working group to “evaluate jobs in order to reduce wage inequalities between women and men”, by the previous High Authority against Discrimination and for Equality (HALDE), comprising, inter alia, representatives of workers’ and employers’ organizations, researchers in economy, sociology and ergonomics, and public servants. It notes in particular that the working group, which was to complete its work in the beginning of 2012, has the following main objectives: compare concretely male dominated jobs to female-dominated jobs to overcome the undervaluation of certain jobs in which women are overrepresented; develop methodological tools; foster a larger reflection on occupational and social hierarchies; develop collective criteria and demonstrate that the revision of occupational classifications is linked to revisions regarding performance. Considering the importance of objective job evaluation in the effective implementation of the principle of equal remuneration for men and women for work of equal value, as provided for under Article 3 of the Convention, the Committee asks the Government to provide information on the results achieved by the activities of the working group on the evaluation of jobs, including methodology and tools developed, and criteria used in evaluation, and on the measures taken to disseminate and follow-up on them, in order to effectively address the gender remuneration gap.

Part-time employment. The Committee notes that, according to the Government, the negotiations concerning part-time work focused on equality in employment and occupation and equal pay between men and women. The Government indicates that the agreements negotiated in this context include provisions on part-time work with an aim to reduce involuntary part-time work. The Government also indicates that part-time work is considered to be a privileged means to reconcile work and family responsibilities. Considering the possible impact of part-time work on the gender remuneration gap, the Committee asks the Government to provide information on measures taken to reduce involuntary part-time work, and to ensure that provisions related to part-time work aimed at the reconciliation of work and family responsibilities are applied in practice to men and women. Please supply information on the results of the negotiations of 2010 as well as with respect to any more recent negotiations related to part-time work.

Application in practice. Developments in case law. The Committee notes the Orders handed down by the Aix-en-Provence Court of Appeal on 9 November 2010 and the Paris Court of Appeal on 7 October 2010, confirming the Order of 6 July 2010 of the Court of Cassation, which recognized the possibility of persons performing different duties to be undertaking work of equal value and, as a result, having the right to equal remuneration. The Committee asks the Government to continue to provide information on any court decisions relating to equal remuneration for men and women for work of equal value.

Labour inspection. In its previous comments, the Committee noted that the labour inspectorate was to conduct an inspection campaign focusing on obligations relating to equality in employment and occupation in 2008 and 2009, and that it had asked for information on the results achieved as well as on the measures taken to reinforce the training of labour inspectors with regard to equal remuneration. The Committee notes that, according to the Government, the low number of inspections conducted during the campaign is due, inter alia, to the unfavourable economic situation which makes it difficult to raise enterprises’ awareness, the complexity of the inspections in a relatively recent field of intervention, the absence of complaints, and the difficulty to initiate penal procedures in cases of non-compliance with obligations that are essentially formal. The Committee asks the Government to step up its efforts in ensuring effective monitoring of the application of the legislation on equal remuneration, to raise enterprises’ awareness on the principle of equal remuneration, and to indicate the measures taken to eliminate obstacles to effective monitoring by the labour inspectorate. The Committee asks the Government to provide specific information on the number of cases of non-compliance of equal remuneration for men and women for work of equal value detected by labour inspectors, and complaints received, as well as on the penalties imposed, including in the French overseas departments. With regard to financial sanctions that can be imposed, the Committee also asks the Government to provide information on the measures taken and sanctions imposed by the Directors of Regional Enterprises, and Competition in Employment and Occupation (DIRECCTE) in cases of non-compliance by employers with their obligations related to equality in employment and occupation, and equal remuneration, as well as on any exemptions provided.