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

Direct Request (CEACR) - adopted 2023, published 112nd ILC session (2024)

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The Committee notes the observations of the French Confederation of Management – General Confederation of Professional and Managerial Employees (CFE-CGC) communicated by the Government with its report, and the Government’s response.

Articles 1 to 4 of the Convention. Underlying causes of remuneration gaps. Action to combat occupational segregation and promote gender balance in employment. The Committee refers the Government to its comments on these points in relation to the application of the Discrimination (Employment and Occupation) Convention, 1958 (No. 111).

Articles 2(2)(c) and 4. Application of the principle of the Convention through sectoral and enterprise agreements. Collaboration with employers’ and workers’ organizations. The Committee recalls the requirement established by the Labour Code to include the subject of remuneration in the collective agreement on occupational equality or, otherwise, in the plan of action setting out the objectives for progression, action and statistical indicators which must be drawn up by enterprises with at least 50 employees, which are otherwise liable to financial penalties. In this regard, it notes the observations of the CFE-CGC according to which: (1) at the enterprise level, difficulties arise in engaging in bargaining on this subject where the enterprise has achieved a sufficient score for its professional equality index; and (2) in no circumstances does the achievement of a sufficient score for the professional equality index dispense the employer from engaging in bargaining on occupational equality, as the legal requirements respecting negotiations on this subject are not conditional upon obtaining a specific score in the measurement of remuneration gaps between women and men. The Committee notes that the Government’s response does not cover collective bargaining on occupational equality, including remuneration. The Committee notes that, at the Social Conference on 16 October 2023, the Government announced the examination of wages in sectors where minimum wages are below the minimum growth wage (SMIC) and a cycle of consultations with the social partners at the beginning of 2024 on the restructuring of sectors. The Committee requests the Government to provide information on: (i) the content of sectoral and enterprise agreements relating to equal remuneration for women and men; and (ii) the specific measures taken on the basis of these agreements to reduce remuneration gaps. It also encourages the Government to continue its efforts to: (i) disseminate good practices identified at the sectoral and enterprise levels, such as methods for the analysis and evaluation of jobs and remuneration of women and men in the enterprise, numerical objectives, the establishment of specific bodies, the right to explanations concerning remuneration and awareness-raising activities; and (ii) raise the awareness of the social partners concerning the principle of the Convention, and particularly the concept of “work of equal value”, particularly in the context of the forthcoming consultations.

Awareness-raising and training activities. Enforcement. Labour inspection and other measures. The Committee notes with interest the detailed information provided by the Government on the action taken by the labour inspection services during the period 2018-20 to combat inequalities in remuneration (the multiplication of interventions and controls) and on the tools available to inspection personnel (instructions, intervention plans, training, etc.). It also notes that action to support enterprises has been continued, through the provision of training sessions. The Committee welcomes the will displayed by the Government to give priority to combating inequalities of remuneration between women and men. The Committee requests the Government to continue providing information on: (i) the control and training activities undertaken by labour inspectors in this context, the tools used and the results achieved; and (ii) court rulings respecting the application of the principle of the Convention. It also requests the Government to provide information on the measures taken to train enforcement personnel on the principle of equal remuneration for women and men not only for equal work, but also for work of equal value.

Observation (CEACR) - adopted 2023, published 112nd ILC session (2024)

Previous comment

The Committee notes the observations of the French Confederation of Management – General Confederation of Professional and Managerial Employees (CFE-CGC) and of the General Confederation of Labour – Force ouvrière (CGT-FO), communicated by the Government with its report, and the Government’s responses.

Articles 1 to 4 of the Convention. Data on remuneration gaps between women and men. The Committee notes that, according to the dashboard on the French economy (published in 2022) of the National Institute for Statistics and Economic Studies (INSEE), in 2020: (1) women’s full-time equivalent salaries were 14.8 per cent lower than those of men, compared with 19.4 per cent in 2010; (2) for the various occupational categories, the gap was 16.4 per cent for managerial staff (22.2 per cent in 2010), 14.1 per cent for manual workers (17.2 per cent in 2010), 11.9 per cent for intermediary occupations (12.9 per cent in 2010) and 4.6 per cent for employees (6.8 per cent in 2010). The Committee notes this new information and requests the Government to: (i) continue taking measures to evaluate and analyse gender pay gaps in all economic sectors and, if possible, by occupational category; and (ii) provide information on the measures adopted, the studies carried out and the gaps measured.

Legislative developments. The Committee notes the Government’s indication in its report that it has made equality between women and men, particularly in occupational matters, one of its principal priorities and has reinforced the legislation on equal remuneration for women and men by establishing a requirement for transparency and results for all enterprises with at least 50 employees. In this regard, the Committee notes with interest the adoption of: (1) Act No. 2018-771 of 5 September 2018 on the freedom to choose one’s professional future, which inserts into the Labour Code a chapter on measures to remove remuneration gaps between women and men at the enterprise level and creates the professional equality index for women and men (sections L.1142-7 to L.1142-11) and; (2) Act No. 2021-1774 of 24 December 2021 to accelerate economic and professional equality, which reinforced these measures (particularly through the publication of corrective and catch-up measures in the event that the index is lower than 75 points and the annual publication on the website of the Ministry of Labour of the results achieved by enterprises for all the indicators on the index). The Committee notes that, during the Social Conference held on 16 October 2023, the Government announced the establishment in the near future of a High Council for Remuneration, which will follow and accompany the revision of classifications and prevent the compression of wage scales, and will also focus on the wage situation of women with the objective of achieving equality. With a view to ensuring the implementation of this mechanism, the Committee encourages the Government to take measures to raise awareness of the new provisions regarding the new professional equality index among employers, workers and their respective organizations, as well as officials responsible for controlling the implementation of the mechanism. It requests the Government to provide information on the action taken in this regard.

Measures to combat remuneration gaps. Transparency of salaries. Professional equality index for women and men. Private sector. The Committee notes the detailed information provided by the Government on the professional equality index for women and men. It notes that each year enterprises with fewer than 50 employees are required to calculate and publish on their websites, in a visible and readable manner, the overall score for the equality index for women and men, and the score obtained for each of the four or five following indicators (depending on the size of the enterprise): the average remuneration gap between women and men, by age category; the gap in the individual rates of wage increases (excluding promotions) for women and men, by socio-occupational category; the percentage of women employees who have received an increase during the year following their return from maternity leave; the number of employees of the sex with the lowest representation among the ten employees receiving the highest remuneration; and the gap in the promotion rate for women and men, by socio-occupational category (only for enterprises with over 250 employees). Since 2022, if they have a score lower than 85 out of 100, enterprises have been required to set and publish objectives for progress in each of the indicators and, if the score is below 75 points, enterprises are required to publish their corrective and catch-up measures. These annual or pluriannual measures and these objectives must be determined within the framework of compulsory negotiations on occupational equality or, if there is no agreement, by unilateral decision of the employer following consultation of the enterprise social and economic committee. In the event of failure to comply with these requirements, the enterprise is liable to a financial penalty of up to 1 per cent of its wage bill.

The Committee notes that the CGT-FO, in its observations, emphasizes that the professional equality index is only compulsory for enterprises with at least 50 employees, but that the obligation of equality of remuneration set out in the Convention covers all workers. The Committee notes that, in its reply, the Government refers to sections L.3221-2, L.1142-7 and L.2242-1 of the Labour Code and emphasizes that all of these provisions require all French enterprises to ensure compliance with the principle of equal remuneration for women and men.

The Committee also notes the CFE-CGC’s indication that the index is still incomplete and would benefit from being corrected, as the “relevance threshold”, the scale and the weighting serve to mask part of the gap. The CFE-CGC emphasizes the need to improve the methods for the calculation of the index, including on the following points: (1) the progressive nature of the points scale used for the index and the fact that the five indicators compensate for each other, which allows enterprises to avoid penalties despite remuneration gaps of 15 per cent; (2) the fact that wage gaps lower than 5 per cent are considered to be tolerable and allow enterprises to obtain the maximum score of 40 out of 40; (3) the components of remuneration, which should include a broader range of elements so as to include all benefits and additional emoluments; (4) the parity indicator for the ten highest remunerations, which should be changed to carry more points; and (5) the average amount of the wage increase received following the return from maternity leave, which should be mentioned on an indicative basis. The CFE-CGC adds that it is also essential to reinforce other levers: transparency requirements and the information and social dialogue resources of enterprise social and economic committees and the systematic unfreezing of the wage catch-up packages required to overcome salary gaps. According to the union: (1) the establishment of a wage catch-up package should be made compulsory as soon as the 40 points for the first indicator (remuneration gap) are not achieved; (2) it would be preferable to focus on a distribution of salaries other than by socio-occupational category in order to refine data on remuneration gaps; and (3) it is necessary to apply penalties immediately in the event of unsatisfactory outcomes, as the three-year period accorded to enterprises to achieve conformity with the requirement of achieving a score of at least 75 out of 100 appears to be excessively long. Finally, the CFE-CGC recalls that the index is not an end in itself, or in other words that it is not in itself a tool for the reduction of remuneration gaps (it is a photograph at a given moment) and that the use of this tool makes it possible to know the situation of women and men in the enterprise, open up dialogue where necessary on this subject and take the necessary corrective measures. It adds that the results of the 2021 index were both encouraging in certain respects in relation to the previous year (the increase in the number of enterprises that had published the index, the increase by one point in the average score – 85 out of 100), and worrying in other respects (only 2 per cent of enterprises achieved 100 points, increases in remuneration when returning from maternity are not respected by 13 per cent of enterprises, while 43 per cent of enterprises with over 1,000 employees have fewer than two women among the highest earners, etc.).

The Committee notes the Government’s response that the progression of the results obtained in the index show its effectiveness (the average score of enterprises with 1,000 or more employees rose by 6 points between 2019 and 2022; only 10 per cent of enterprises had an overall score of under 75 points). With reference to the 2022 results, the Government adds that: (1) the average score was 86, one point higher than in 2021, and was 89 for enterprises with over 1,000 employees, that is one point higher than in 2021 and two points higher than in 2020; (2) 95 per cent of enterprises with over 1,000 employees and 88 per cent of enterprises with between 250 and 1,000 employees calculated and declared their index; and (3) there is room for improvement among enterprises with between 50 and 250 employees, of which 72 per cent have complied with the declaration requirement. The Government adds that it is important not to modify the methods for the calculation of the index before the completion of the penalty cycle in 2023 so as to be able to guarantee the application of penalties, where necessary, and specifies that the first penalties for the absence of results can be imposed as from 2023 for enterprises with between 50 and 250 employees (which declared their index in 2020 for the first time). It further specifies that the mechanism has been strengthened by the Act of 24 December 2021 and it remains attentive to the issue of wage transparency, which is covered by a European Directive. The Committee observes that Directive 2023/970 to strengthen the application of the principle of equal pay for equal work or work of equal value between men and women through pay transparency and enforcement mechanisms, adopted on 10 May 2023, sets out the requirement for employers to report data on the remuneration gap. Finally, the Committee notes that the Government announced at the Social Conference on 16 October 2023 the forthcoming creation of a new more ambitious index on equality between women and men which will be more transparent and reliable. In light of the above, the Committee requests the Government to take the necessary measures, in collaboration with employers’ and workers’ organizations, to: (i) implement effectively the current and revised mechanisms of the professional equality index, particularly through training; (ii) evaluate the corrective measures taken by enterprises and the results achieved in terms of the reduction, or indeed elimination of remuneration gaps between women and men and, where appropriate, adapt the envisaged indicators; and (iii) analyse and eliminate the obstacles encountered in this context. The Committee requests the Government to provide information on the establishment and the components of the new index and the operation of the penalty mechanism, with an indication of the number of controls undertaken and the enterprises concerned, and the level of the penalties imposed in the event of failure to comply with obligations related to the professional equality index.

Public sector. The Committee notes that, according to the report of the Court of Accounts of September 2023, progress has been achieved in the public sector in identifying the sources of the remuneration gaps identified, but it is still necessary to obtain a better understanding of gaps in relation to bonuses and promotions in order to take action on any discrimination. In this regard, the Committee notes with interest the adoption of Act No. 2023-623 of 19 July 2023 to reinforce the access of women to positions of responsibility in the public service, which: (1) is intended to combat vertical occupational segregation by raising gradually over time from 40 to 50 per cent the minimum number of persons of each sex benefiting from internal promotions to higher level and managerial positions in the public service (with a minimum rate of 40 per cent of persons of each sex in higher level and managerial positions); and (2) creates obligations in relation to transparency in remuneration through the establishment of the vocational equality index for women and men in the public service (administrative units with over 50 employees) based on the model of the index introduced in the private sector. The Committee requests the Government to take measures, in collaboration with workers’ organizations, to: (i) evaluate and eliminate gaps between women and men public employees in respect of bonuses and other benefits which form part of remuneration within the meaning of the Convention; (ii) give effect to Act No. 2023-623 of 19 July 2023, and particularly the professional equality index in the public service (awareness-raising and training for the personnel concerned); and (iii) compile and analyse the results achieved.

Article 3. Application of the principle of equal remuneration for women and men for work of equal value. Objective job evaluation. Development or revision of job classifications. The Committee recalls that the implementation of the concept of “work of equal value” requires the adoption of some method of measuring and comparing the relative value of different jobs on the basis of objective criteria exempt from any sexist prejudices. The Committee requests the Government to take measures to promote the objective evaluation of jobs among workers’ and employers’ organizations, administrations and the bodies or persons concerned, particularly through the development or revision of occupational classifications. It also requests the Government to provide information on any revision of occupational classifications that is being undertaken or has already been carried out, the results achieved, the good practices identified and the difficulties encountered.

The Committee is raising other matters in a request addressed directly to the Government.

Direct Request (CEACR) - adopted 2017, published 107th ILC session (2018)

Article 1 of the Convention. Combating occupational segregation and promoting gender balance in employment. The Committee recalls that in 2014, 50 per cent of women were concentrated in 12 of the 87 occupational groups identified by the Department of Research and Statistics (DARES), while 50 per cent of employed men were concentrated in 20 of those occupational groups. The Committee also notes that, according to a study published in July 2017 by the National Institute for Statistics and Economic Studies (INSEE), among all employees, 10.6 per cent of the wage gap derived from the segregation of women in the least well-paid enterprises; the wage gap owing to segregation among managerial staff was 4.1 per cent. For many years, the Committee has been emphasizing that one of the main causes of gender wage gaps is horizontal occupational segregation, where, depending on their sex, workers are limited to certain sectors, jobs or occupations, and vertical occupational segregation, where, within the same occupation, workers remain at the bottom of the salary scale because of their sex. The Committee welcomes the adoption by the Government of a set of mechanisms aimed at ensuring gender balance in employment: the agreement on gender balance in employment and occupational equality between women and men for enterprises without a threshold of employees, implemented by Decree No. 2011-1830 of 6 December 2011 in order to assist in financing training activities and adapting posts in mainly male-dominated occupations; the national framework agreement on gender balance and occupational equality signed in 2013 by the Ministry of Labour, Employment, Vocational Training and Social Dialogue, the Ministry of Women’s Rights and the national employment office (Pôle emploi); the action forum for gender balance in employment set up in 2014 whose objective is to achieve a gender balance in 33 per cent of jobs (compared with 12 per cent currently), by means of various measures and targeted actions in ten key sectors (early childhood facilities, civil security, energy and transport, etc.); sectoral plans for gender balance (transport in 2013 and digital in 2017, etc.). The Committee requests the Government to provide information on the concrete measures taken within the framework of the different action plans and mechanisms, particularly awareness-raising and information measures in vocational teaching and training as well as measures to combat sexist stereotypes regarding the vocational abilities and aspirations of girls and women, and also of boys and men. The Committee also requests the Government to indicate whether assessments have been carried out on the impact and, more generally, the effectiveness of these mechanisms and to provide information on the results achieved in terms of gender balance in employment.

Article 2. The application of the principle of the Convention through sectoral and enterprise agreements. The Committee notes that Decree No. 2012-1408 of 18 December 2012, on the implementation of the obligations of enterprises on occupational equality between men and women, makes it compulsory to include the issue of remuneration in the collective agreements on occupational equality or, failing that, in the action plan that sets the objectives for progression, actions and statistical indictors, applicable in enterprises with more than 50 employees, and imposes fines where those obligations are not met. The Committee welcomes the detailed information provided by the Government on the number and content of the sectoral agreements on the subject of occupational equality (140 agreements in 2014, that is, 14.3 per cent of the total, compared with 122 in 2013). This information also shows an increase in the number of agreements containing specific measures and agreements extended without exception. The Committee notes that the social partners also act in favour of wage equality by establishing communication activities and evaluation systems, and by placing emphasis on recruitment and internal mobility, as well as on vocational training. The Committee also welcomes the information on the enterprise agreements which set out specific measures to eliminate wage gaps, such as methods for the analysis and evaluation of posts and wages of men and women in enterprises, statistical objectives, the establishment of dedicated bodies, the right to receive explanation regarding remuneration and awareness-raising actions. The Committee requests the Government to continue providing information on the content of sectoral and enterprise agreements relating to wage equality between men and women and on the specific measures taken based on these agreements to reduce the wage gaps. In addition, it encourages the Government to continue its efforts to publicize the good practices identified at the sectoral and enterprise levels to reduce and eliminate the wage gaps and to raise awareness among the social partners of the principle of the Convention and, in particular, of the concept of “work of equal value”.

Application in practice. Judicial decisions. The Committee requests the Government to continue providing information on any recent judicial decisions relating to the principle of wage equality between men and women for work of equal value.

Observation (CEACR) - adopted 2017, published 107th ILC session (2018)

Gender pay gap. The Committee notes that, according to the key statistics on equality between men and women (2017), the average annual net wages of women working full time were 18.6 per cent lower than those of men in the private sector and in public enterprises in 2014 (20.1 per cent in 2009). The Committee also notes the Government’s indication that, where characteristics of salaries and posts are identical, there is an unexplained gap of 9.8 per cent. The Committee requests the Government to continue providing information on the gender pay gap in different sectors of the economy.

Articles 1 and 2 of the Convention. Legislative developments. The Committee notes with interest the adoption of Act No. 2014-873 of 4 August 2014 on substantive equality between women and men which sets out, in particular, that the gender equality policy should include actions aimed at guaranteeing equality in employment and remuneration, and occupational gender balance, and lays down the obligation for the employer to hold annual negotiations on, inter alia, the definition and the programming of measures to eliminate the gender pay gap. The Committee also notes that the sanctions mechanism, in the event of non-compliance with the provisions on equal pay, which was implemented by Act No. 2010-1330 of 9 November 2010 on pension reform, was amended by Act No. 2015-1702 of 21 December 2015 on the financing of social security for 2016, in particular with regard to the amount of the sanctions. The Committee asks the Government to provide information on the implementation of the obligation to negotiate measures each year to eliminate the wage gaps, envisaged by the Act of 2014, and on the results achieved, and to provide information on the functioning of the new sanctions mechanism, by indicating the number of inspections conducted and enterprises concerned, as well as the amount of the sanctions applied in the case of non-compliance. It also requests the Government to provide information on any new legislative or administrative measures adopted in relation to equal pay between men and women within the framework of the current labour law reform.

Application of the principle of equal pay in the civil service. While noting that the Government’s report is silent on this question, the Committee welcomes the Prime Minister’s report of 27 December 2016 entitled “The strength of equality: Wage inequality and career paths of women and men in the civil service”, which highlights the importance of the concept of “work of equal value” in the implementation of wage equality between men and women. The Committee notes that this report contains over 50 recommendations to, inter alia, re-evaluate in financial terms female-dominated occupations and specializations which are undervalued in terms of the same functions and constraints; establish gender neutral evaluation criteria and strengthen training for those who carry out these evaluations; design a common employment portal for the whole of the civil service and systematically list the pay conditions for the post in question; conduct experiments regarding transparency of remuneration in any given administration; create an online evaluation tool on expected remuneration; establish a fund for the revenue from fines collected in cases of non-compliance with the obligations to maintain gender balance in appointments; identify and amend regulatory texts that do not comply with the principle of gender neutrality in the designation of civil service occupations. The Committee asks the Government to provide information on the follow-up given to the above recommendations of the report and on any measures taken to implement the principle of equal pay between men and women for work of equal value and effectively combat wage inequalities based on sex in the civil service.

Article 3. Objective job evaluation. Development or revision of job classifications. The Committee notes with interest the publication of two guides on objective job evaluation which emphasize the importance of the concept of “work of equal value” to effectively combat the gender wage gap: the guide on a non-discriminatory evaluation of female-dominated jobs, published in 2013 by the Defender of Rights, which develops and explains the objective evaluation process; and the guide on taking gender equality into account in the classification systems, published in 2017 by the Higher Council on Occupational Equality (CSEP), following work by the joint working group on classifications. One of the main objectives of these practical guides is to show that apparently neutral methods of classification can be discriminatory owing to, for example, the selection or omission of certain criteria, and the over- or under-evaluation of certain factors. These tools explain the different stages of the job evaluation process and provide specific examples of objective job evaluation processes carried out in various countries. The Committee also notes that Act No. 2014-873 of 4 August 2014 on substantive equality between men and women has entrusted the CSEP and the National Collective Bargaining Commission with a new mission concerning follow-up to the revision of occupational classifications and the analysis of the negotiations held and good practices. The Committee also notes that the action platform for occupational gender balance set up in 2014 provides that, during the five-yearly review of classifications at the sectoral level, when an average gender wage gap is detected, the social partners shall analyse, identify and rectify the evaluation criteria for posts which may lead to discrimination. Recalling that the implementation of the concept of “work of equal value” involves the adoption of a method based on objective criteria and free from gender bias to measure and compare the relative value of different jobs, the Committee requests the Government to provide information on the distribution of the practical guides among workers’ and employers’ organizations, administrative services and the persons or bodies tasked with carrying out the objective job evaluations, particularly with a view to developing or revising job classifications. It also asks the Government to provide information on any revision of job classifications that are being undertaken or already carried out, the results achieved and the difficulties encountered.

Direct Request (CEACR) - adopted 2012, published 102nd ILC session (2013)

Remuneration gap. The Committee notes that, according to the Key statistics on equality between men and women (2011), in 2009 the average annual net wages of women working full-time were 20.1 per cent lower than those of men in the private of semi-public sector (19.2 per cent in 2008); 14.55 per cent lower in the State civil service (14.6 per cent in 2008); 9.3 per cent lower in the territorial civil service (11.55 per cent in 2008); and 21.2 per cent lower in the hospital civil service (22.3 per cent in 2008). The analysis published in March 2012 by the Research, Study and Statistics Directorate (DARES) shows that the less favourable position of women in terms of wages is due to the fact that there are fewer women in managerial positions, that women are often employed in less skilled jobs and that generally they have less seniority; and, that where characteristics are similar, women’s average hourly wage is 9 per cent lower than men’s (a gap not explained by the characteristics pertaining to the workers, the enterprises or the jobs concerned). Furthermore, according to this study, the average amount of women’s bonuses is 25 per cent less than men’s (the ratio of total bonuses to total paid hours).

The Committee notes that according to the Government, by 31 December 2010, the deadline fixed by the Equal Pay Act, No. 2006-340 of 23 March 2006, the objective of eliminating the wage differential had not been achieved. It notes that section 99 of Act No. 2010-1330 of 9 November 2010 provides for a financial penalty to be applied from 1 January 2012, to enterprises with 50 or more employees which are not covered by a collective agreement or, failing that, an action plan on equality in employment. Decree No. 2011-822 of 7 July 2011 on the implementation of employers’ obligations regarding equality in employment between men and women sets out the ways and means of implementation and establishes grounds on which an enterprise may be exempted from this obligation (economic difficulties, restructuring, etc.). The Committee notes further that the framework for the application of sanctions is currently under review, in collaboration with the social partners, and that the Higher Council on Equality in Employment will be asked for an opinion on the matter. The Committee asks the Government to continue to provide information on the gender pay gap in the various sectors of the economy and on the analysis and the causes of the pay gap. It also asks the Government to provide information on any changes in the framework for the application of sanctions to enterprises that are in breach of the provisions on wage equality, including information on the Higher Council’s opinion and the follow-up measures adopted.

Enforcement of the principle of the Convention through sectoral and enterprise agreements. The Committee notes the Government’s indication that the General Labour Directorate supports and raises awareness among negotiators at sectoral and enterprise level. Referring to its comments on the application of the Discrimination (Employment and Occupation) Convention, 1958 (No. 111), the Committee notes that the Government also indicated that collective bargaining at sectoral level on equality in employment and wage equality remains quantitatively inadequate notwithstanding some improvement in the content of the agreements, whereas the number of enterprise agreements addressing equality rose significantly between 2010 and 2011. The Committee welcomes the fact that, thanks to an analysis of sectoral agreements addressing the issue of equality in employment carried out in 2011 by the Ministry of Labour, Employment and Health, a number of good practices have been identified for reducing the gender pay gap which focus in particular on recruitment policies and internal mobility, vocational training, the implementation of a targeted wage policy, work organization and the balancing of work and family life (see Bilans & rapports, La negotiation collective en 2011, May 2012). The Committee notes that these good practices have been published on the Ministry’s website to assist enterprises in implementing arrangements for equality in employment. The Committee asks the Government to continue to provide information on the contents of sectoral and enterprise agreements relating to wage equality between men and women and on the specific measures taken in this respect to reduce the gender pay gap. Furthermore, it encourages the Government to continue its efforts to disseminate the good practices identified at sectoral and enterprise levels with a view to reducing and eliminating pay gaps, and to pursue its action to raise awareness among the social partners about the principle of the Convention and, in particular, the concept of “work of equal value”.

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 revising the policy on allowances in the public service, the implementation of which involves the drawing up of a typology of jobs in each ministry. It also notes the publication, in January 2011, of a report on gender equality in the public service containing proposals for equality, related in particular to the improvement of women’s career development; strengthening statistical information so as to better identify 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 breaks); encouragement for balancing work and family life; establishment of a national plan on training and communication regarding equality in employment; sharing of these objectives with the trade unions, with the aim of reaching a national agreement in the public service. Referring in this connection to its observation on the application of Convention No. 111, the Committee notes that Act No. 2012-347 of 12 March 2012 on access to permanent employment and improvement of the working conditions of contractual agents in the public service and on combating discrimination, which contains a number of provisions on the public service, sets out progressive and quantified objectives for appointing women to senior management posts. The Committee asks the Government to continue to take measures to combat the underlying causes of pay differentials in the public service, particularly occupational segregation, both vertical and horizontal, and to provide information on the specific follow up measures, based on the report on equality in employment in the public service, to eliminate inequalities in remuneration, and to report on the impact of such measures. The Committee also asks the Government to take the necessary measures to ensure that the principle of equal remuneration for men and women for work of equal value if fully taken into account in the job evaluation process carried out during the implementation of the PFR and to provide information in this regard.

Objective job evaluation. The Committee recalls that the interoccupational agreement of 1 March 2004 regarding gender diversity and equality in employment provides that specific time-bound measures may also be carried out to reduce wage differentials in phases and that, at the sectoral level, this objective is achieved by means of an analysis, during the five-yearly review of classification, of the evaluation criteria used in defining the different posts with a view to identifying and correcting those which may lead to discrimination between men and women and to take into account all skills used (section 13). According to information available to the Committee, such a review of classifications and of evaluation criteria has not been carried out. The Committee also notes the Government’s indication that the work of the working group to “evaluate jobs in order to reduce inequalities between women and men” established by the High Authority Against Discrimination and for Equality (HALDE) has not yet been published. The Committee asks the Government to provide information on the implementation of the 2004 interoccupational agreement as it concerns the review of occupational classifications and the analysis of job evaluation criteria. The Committee once again asks the Government to provide information on the impact of the comparative situation reports which enterprises are required to draw up, and on the implementation of objective job evaluation at enterprise level indicating if and to what extent theses analyses of the status of equal pay for men and women have allowed for a re-evaluation of tasks performed predominantly by women and have narrowed the pay gap. The Committee asks the Government to provide information on the work of the working group established by HALDE to evaluate jobs.

Part-time employment. Considering the possible effects of part-time work on the gender pay gap, the Committee asks the Government to provide information on measures taken to reduce “involuntary” part-time work, and to ensure that provisions on part-time work aimed at the reconciliation of work and family responsibilities are applied in practice to both men and women.

Application in practice. Court decisions. 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. The Committee understands from the information supplied to the Government that the mechanism for applying sanctions, which came into force in January 2012, has not led to the imposition of any fines, the labour inspectorate having issued approximately 70 observations and ten official warnings to enterprises to enable them to regularize their situation in terms of their obligations regarding equality in employment between men and women. While noting that this mechanism is currently under review, the Committee asks the Government to provide information on the results of the activities to monitor the application of the principle of equal remuneration for men and women for work of equal value by the labour inspectorate and the regional directorates of enterprises of competition, labour and employment, as well as on any exemptions granted to employers in default, including in the overseas departments.

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

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.

Direct Request (CEACR) - adopted 2010, published 100th ILC session (2011)

Remuneration gap. The Committee notes that, according to the statistics in the situation report on the public service (“Facts and figures 2009–10”), the net average monthly wage gap between men and women in the private sector was 23.2 per cent in 2007 (and 23.1 per cent in 2006). According to Eurostat statistics, the gender wage gap (difference between average gross hourly earnings) was 16.9 per cent in 2007 and 17.9 per cent in 2008. In its previous comments the Committee noted the adoption of the Equal Pay Act of 23 March 2006, which provides for the definition and programming of measures enabling the gender wage gap to be eliminated through negotiation by 31 December 2010. The Committee asks the Government to supply information on the implementation of the Equal Pay Act of 23 March 2006 and, in particular, on the conclusions of the planned mid-term progress report. In addition, noting the information supplied by the Government on the conditions for awarding the “equality label” to enterprises which promote equality in employment and occupation, the Committee asks the Government to supply information on its implementation in practice and its impact on equal remuneration for men and women, and indicating whether enterprises have been rewarded for actions specifically aimed at reducing and eliminating the gender wage gap.

Articles 2 and 3 of the Convention. Application of the principle of the Convention by means of sectoral and enterprise agreements. The Committee notes the Government’s indication that 2008 was marked by the acceleration of negotiations on the subject of equality in employment and occupation between men and women and particularly on equal pay; 19 specific agreements on equality were signed and 34 other agreements make reference to equality between men and women. However, the Committee notes that most agreements merely reiterate the provisions of the Act of 23 March 2006 and refer to the principle of “equal pay for equal work”. The Committee encourages the Government to take measures to raise awareness among the social partners in order to ensure that the principle of equal remuneration for men and women for work of equal value is taken into account in collective bargaining and ensure that the content of sectoral and enterprise agreements provides for specific measures to achieve it, and asks the Government to supply information on any measures taken to this end. The Committee asks the Government to supply information on the following points:

(i)    the action taken to follow up on the conclusions of the dialogue preparatory report submitted on 8 July 2009 on differences of treatment between women and men regarding access to employment and developments in employment, as regards the reduction of the wage gap and efforts to eliminate occupational segregation in the labour market;

(ii)   all collaboration with the social partners on the subject of equal remuneration, and on any agreed action in this context;

(iii)  the effective implementation of specific measures and actions planned with a view to eliminating the wage gap in certain sectoral and enterprise agreements to which the Government refers in its report, and the results achieved; and

(iv)  the provisions and measures adopted with regard to enterprises and sectors which have not met their obligation to negotiate the elimination of the gender wage gap by 31 December 2010.

Equal remuneration in the public service. The Committee notes that, according to the data in the annual situation reports on the public service (“Facts and figures 2008–09 and 2009–10”), the net monthly wage gap between men and women in the three branches of the public service was 18.5 per cent on average in 2006 (with a 27 per cent wage gap in the hospital public service) and that there was no change in 2007. The Committee notes the Government’s statement that the table of indices for the public service is a factor in establishing uniformity in pay for men and women and that existing examples of the wage gap stem mainly from disparities in terms of career progression and the policy on allowances. According to the Government, the implementation of the framework mechanism for the function and performance bonus (PFR), adopted in 2008 and aimed at revamping the policy on allowances in the public service, involves the drawing up of a typology of jobs in each ministry and assigning a rating to them, and this transparent classification is such as to prevent disparities between male and female employees. The Committee asks the Government to take the necessary steps to ensure that the principle of equal remuneration for men and women for work of equal value is fully taken into account in the evaluation of jobs undertaken in the context of the establishment of the PFR mechanism and requests it to supply information in this respect. Furthermore, in view of the persistence of the gender remuneration gap in the three branches of the public service, the Committee trusts that the issue of equal remuneration for men and women for work of equal value will be raised in the context of the study on equality in employment and occupation between men and women in the public service which has been ongoing since October 2010 and that specific follow-up measures will be adopted in order to eliminate wage inequalities.

Objective evaluation of jobs in the private sector. The Committee notes the existence since August 2008 of an online guide providing assistance with preparation of the report on the comparative situation of men and women, the production of which is compulsory in enterprises which have more than 50 employees and which aims to identify inequalities and establish action to be taken. According to the Government, the guide contains substantial information on the necessary indicators for identifying any gender remuneration gap. The Committee asks the Government to provide information on the impact of comparative situation reports on the implementation of objective job evaluations within enterprises, and on the gender wage gap, indicating the impact of these analyses of the situation regarding equal pay for men and women on the re‑evaluation of jobs predominantly performed by women and on reducing the wage gap.

Part-time employment. Noting the information supplied by the Government on discussions in progress concerning involuntary part-time work, the Committee hopes that the issue of equal remuneration for men and women will be raised in the context of the dialogue planned with representatives of the sectors which make the most use of part-time work, and requests the Government to supply information on the results of this dialogue and on any follow-up measure adopted or contemplated in relation to implementation of the principle of the Convention.

Application in practice. Developments in case law. The Committee welcomes the Order handed down on 6 July 2010 by the Court of Cassation which, contrary to its previous case law according to which different duties could not have an equal value, now recognizes the possibility of comparing the wages of persons performing different duties with a view to determining the existence of any wage discrimination. The Committee asks the Government to supply information on any court decision relating to equal remuneration for men and women for work of equal value.

Labour inspection. The Committee notes the Government’s indication in its report that the different sections of the labour inspectorate have been conducting an inspection campaign since September 2008 focusing on obligations relating to equality in employment and occupation and that this campaign was due to be stepped up in 2009 “with the application of administrative sanctions which will come into force from 2010”. The Committee asks the Government to supply detailed information on the measures taken to reinforce the training of labour inspectors with regard to equal remuneration and also on cases of gender wage discrimination identified by labour inspectors and on the follow-up action taken, particularly the penalties imposed, including in the French overseas departments.

Direct Request (CEACR) - adopted 2007, published 97th ILC session (2008)

1. Wage differentials. The Committee notes from the Government’s report that there is still a sizeable difference between the average monthly wages of women and of men and that there has been little improvement in women’s share in “male” occupations. It also notes that, according to the Government’s report, women account for 80 per cent of persons earning less than the growth-linked guaranteed minimum wage (SMIC). The Committee notes the steps taken by the Government to remedy this situation, and particularly the adoption of the Equal Pay Act of 23 March 2006. The Act provides for a series of measures in collaboration with the social partners to reduce the wage differentials between men and women and to promote equality in occupation. The Committee further notes that the “equality label” has been adapted for enterprises with fewer than 50 workers with the aim of rewarding and encouraging all enterprises undertaking to promote equality in occupation. Furthermore, the employment centres (maisons de l’emploi) have been entrusted with organizing advocacy and information campaigns about occupational equality and reducing wage differentials. The Committee asks the Government to provide information on the activities the employment centres carry out to further understanding of the Convention’s principles and improving its application, and on the conditions for awarding the equality label and the follow-up of the measures taken by enterprises receiving this award. It also asks the Government to provide information on the impact of the Equal Pay Act in reducing wage differentials between men and women and gender segregation in the labour market.

2. Articles 2 and 3 of the Convention. Application of the principle of the Convention by means of sectoral and enterprise agreements. The Committee notes the progress made at sectoral negotiation level in terms of specific measures to achieve equal pay between men and women. It notes in particular that in 2006 an agreement was concluded on occupational equality between men and women in the banking sector. Under the agreement, inequalities in pay between men and women are to be reduced by means of wage upgrading measures and by setting an intermediate objective of a 40 per cent increase in women’s participation in management jobs as a whole. The Committee notes, however, that at enterprise level only 2 per cent of the agreements signed address the subject of equality and that the Government is aware that much remains to be done in this area. The Committee also notes that the agreements concluded in 2005 in the telecommunication and pharmaceutical distribution sectors set out the principle of “equal pay for equal work”. The Committee emphasizes that this principle does not entirely reflect the scope of the principle of “equal pay for work of equal value” enshrined in the Convention and also set forth in section L-140-2 of the Labour Code. The Committee, therefore, draws the Government’s attention to its general observation of 2006.

3. The Committee notes that measures have been taken by the Director-General of Labour, the Monitoring Committee for Sectoral Wage Negotiations and the chairpersons of the joint committee, inter alia, to monitor and assist with collective bargaining on equal remuneration. The Committee further notes that penalties are to be applied against sectors and enterprises that fail to meet their obligation to negotiate. The Government acknowledges, however, that the penalties against enterprises impose few constraints and indicates that the law therefore envisages the possibility of a wage-based financial contribution for enterprises that fail to negotiate, should the first report on the application of the Act to be produced in 2008 so warrant. The Committee asks the Government to see that the authorities involved in the monitoring of collective bargaining ensure that the principle of “equal pay for work of equal value” is applied in full in sectoral agreements and enterprise agreements, and asks the Government to keep it informed in this respect. In particular, it asks the Government to continue to provide information on the following: (a) the manner in which the social partners apply the principle of equal pay for work of equal value in sectoral and enterprise agreements; (b) the number and the outcome of penalties applied against enterprises and sectors for non-fulfilment of their obligations to negotiate on equality in occupation and on the application of more restrictive penalties as envisaged by the Equal Pay Act.

4. Equality of remuneration in the public service. The Committee notes that in the public service, the average wage of women is 13.8 per cent lower than that of men. It also notes that women’s civil service pensions are 19 per cent lower for women than those of men in the three public services and that in certain branches (administrative, medical, social, etc.) and certain occupations in the public service there is some degree of feminization. In these circumstances, the Committee draws the Government’s attention to its general observation of 2006 and reminds it that with an objective evaluation of public service jobs, it would be possible to identify and remedy instances of inequality in the remuneration of men and women when they carry out work of equal value. The Committee notes from the Government’s report that in order to promote equality between men and women, an active policy has been applied in the public sector. The Committee asks the Government to send information on the manner in which this policy incorporates the issue of equal remuneration for work of equal value and on the impact of this policy on reducing wage differentials. The Committee again asks the Government for information on the measures taken or envisaged to carry out an objective evaluation of jobs in the public sector.

5. Objective evaluation of jobs in the private sector. The Committee recalls that in its previous report, the Government stated that it was planning to develop indicators to measure wage inequalities and inequalities between men and women in access to training and promotion. The Committee notes that with a view to identifying and remedying inequalities in pay between men and women, Circular SDFE/DGT/DGEFP to implement the Act of 23 March 2006 proposes to the social partners by way of indication, examples of indicators of wage differentials: the average wage differential by gender, and women’s share in each type of job. The Committee notes that among the measures that may be implemented to eliminate any differentials, the circular proposes remedying the under-evaluation that often characterizes jobs that are typically female and remunerating them at their proper value. The Committee asks the Government to send information on the measures taken to promote the application of these indicators by the social partners and to facilitate objective job evaluation methods.

6. Part-time employment. The Committee notes from the Government’s report that women account for 82 per cent of part-time workers. It notes that in the state civil service, 78 per cent of part-time jobs were occupied by women. It notes the Government’s information that the incidence of part-time employment may be reflected in hourly wage rates and hence in the wage differential between men and women. The Committee also notes that in the public service, certain criteria for career advancement in the various bodies of the civil service penalize women who have taken leave or worked in part-time employment. The Committee notes that the Equal Pay Act requires enterprises to negotiate the working and employment conditions of part-time workers. The Committee asks the Government to send information on the measures taken in the context of the collective negotiation provided for in the Equal Pay Act to ensure that the principle of equal pay for work of equal value is applied to men and women part-time workers and to ensure that the exercise of a part-time activity does not become an obstacle to access better paid jobs in the public and private sectors.

7. Part V of the report form. The Committee asks the Government to continue to send statistical information disaggregated by sex and job category in the public and private sectors. It also asks the Government to send information on any administrative or judicial decisions concerning equal remuneration for men and women.

Observation (CEACR) - adopted 2007, published 97th ILC session (2008)

The Committee notes with interest the adoption of the Act of 23 March 2006 on equal pay for men and women, which lays down the objective of eliminating wage differentials between men and women by 30 December 2010. The Committee further notes that the Act requires occupational sectors and enterprises to undertake negotiations every year to define and schedule measures to eliminate wage differentials between men and women. It also contains provisions aimed at reconciling professional and family life in order to tackle the structural difficulties that stand in the way of equality between men and women in employment and occupation. It also provides for a mid-term evaluation with close participation by the High Council on Occupational Gender Equality. The Committee welcomes this initiative and asks the Government to send information on the impact of the Equal Pay Act in reducing inequalities in the remuneration of men and women and to send a copy of the mid-term evaluation.

The Committee is raising other matters in a request addressed directly to the Government.

Direct Request (CEACR) - adopted 2005, published 95th ILC session (2006)

1. Remuneration gap. The Committee notes the Government’s acknowledgement that, despite a significant reduction in the wage gap between men and women from 1950 to 1995, recent progress on reducing this gap has been stagnant. In addition, it notes the Government’s statement that, since the adoption in 2001 of the law on occupational equality (No. 2001-397), the application of the principle of equal pay has not been effective. It notes from the statistics provided by the Government that in 2003 the differential between men’s and women’s wages in the private sector was 24.8 per cent while in the public sector the gap between male and female workers stood at 14.2 per cent (2002). Taking structural factors into account, the Government states that there still remains a wage gap of 5 per cent which cannot be accounted for.

2. Equal remuneration in the public sector. With respect to the wage gap in the public sector mentioned above, the Committee notes that this gap was especially pronounced among executives (18.1 per cent), although it was lower among trades people (13.6 per cent) and employees (6.5 per cent). The Committee asks the Government to provide information on any measures taken or envisaged to carry out objective job appraisals in the public sector to determine whether the work performed by men and women in different jobs is nonetheless of equal value. Please also indicate what other initiatives the Government is pursuing to promote the principle of equal remuneration for work of equal value in the public sector.

Article 2 of the Convention. Promoting the principle of equal remuneration

3. Article 2(2)(a). National laws or regulations. Further to the above, the Committee welcomes the Government’s high-level commitment to addressing the injustice perpetuated by the pay gap. In this regard, it notes with interest the draft legislation on equal remuneration between men and women (Senate No. 139, 12 July 2005). It notes that among its proposed modifications to the Labour Code, the new legislation sets a five-year target date (31 December 2010) for eliminating the remuneration gap (sections 3 and 4). It also notes that the Bill reinforces the current obligation of employers to conduct negotiations on occupational equality by introducing measures that would, for example, authorize the Labour Minister to intervene and trigger negotiations where these have not taken place (section 3), as well as make such negotiations a requirement before a collective agreement becomes enforceable (section 4). The Committee notes that the Bill further mandates the High Council for Occupational Equality to prepare a mid-term report evaluating the application of these new provisions. The Committee asks the Government to provide information in its next report on any developments with respect to this draft legislation and, should it be adopted into law, on the impact of its equal pay provisions towards eliminating the remaining wage gap between men and women. Please also include information about the ongoing work of the High Council, particularly with respect to its role in the implementation and evaluation of the foregoing equal pay amendments to the Labour Code.

4. Article 2(2)(c). Collective agreements. The Committee notes that, since 2004, branch-level collective agreements dealing specifically with occupational equality and incorporating the elements of the National Inter-Occupational Agreement have been negotiated in the electricity and gas industry along with the pharmaceutical industry. The Committee notes the Government’s statement, however, that negotiations with regard to occupational equality are less common at the enterprise level than at the industrial level. The Committee notes that, according to the IFOP survey identified in the Government’s report, 72 per cent of enterprises questioned indicated that they had never undertaken negotiations on occupational equality despite the obligation for certain employers to do so under section L132-27 of the Labour Code. The Committee asks the Government, therefore, to provide information on its efforts to ensure that all employers fulfil their obligations with regard to equality negotiations, particularly in light of sections 3 and 4 of the draft legislation noted above. Please also indicate any other current or planned initiatives to promote the principle of equal remuneration within the private sector.

5. Other measures. In addition to the measures above, the Committee notes the adoption in 2004 of a National Charter for Equality between Men and Women and the commitment on the part of the Government and social partners to take action on some 300 items to fulfil the Charter’s vision. Noting that 15 per cent of these actions were completed in 2004 and another 37 per cent are in progress, the Committee asks the Government to provide more details on those measures specific to promoting and ensuring equal remuneration and to provide information on their practical effect in eliminating the wage gap between men and women.

6. Article 4. Cooperation with workers’ and employers’ organizations. The Committee notes with interest the recently negotiated National Inter-Occupational Agreement of 1 March 2004 on diversity and professional equality between men and women (the "Agreement"). It notes that the Agreement reaffirms the commitment of the social partners to the effective application of the principle of equal pay for men and women for work of equal value (section 11). It also notes that the Agreement commits employers to undertake concrete action to improve pay equality between men and women by making the reduction of existing wage gaps a priority and by taking temporary progressive measures to assist women in closing this gap (section 13(1)). To attain this objective in the industrial sectors, the Committee notes that the Agreement anticipates the preparation of a sectoral analysis every five years to identify and remedy job evaluation criteria that are likely to lead to discrimination between men and women (section 13(2)). Noting that the Agreement contains no numerical targets or sanctions, but rather provides a framework for future negotiations within industrial sectors or enterprises, the Committee asks the Government to indicate how, in practice, the objectives of the Agreement with respect to equal pay are incorporated into subsequent collective agreements at the branch and enterprise levels. It also asks the Government to provide information on what practical measures employers are adopting in light of this Agreement and whether such measures are proving successful at further reducing the pay gap between men and women.

7. Part V of the report form. Statistics. The Committee recalls the Government’s statement from its previous report that it was proposing to develop indicators for measuring wage inequalities, as well as inequalities in men’s and women’s access to training and promotion. Noting that the Government’s current report contains no new information in this regard, the Committee again asks the Government to provide information on the progress made in developing indicators to measure wage, training and promotion inequalities between men and women. Please also continue to provide up-to-date statistics disaggregated by sex on the earnings of men and women in both the private and public sectors.

Direct Request (CEACR) - adopted 2004, published 93rd ILC session (2005)

1. The Committee notes the Government’s report and the attached documentation. It notes that the Government’s report is confined to information on the measures taken or envisaged to improve equality between men and women workers in employment and occupation, which the Committee is examining under Convention No. 111. The Committee also notes the statement that the Women’s Rights and Equality Service (Service du droit des femmes et de l’égalité) has provided a report in response to its previous comments on the application of Convention No. 100. However, the Committee notes that this report has not been received by the Office and it hopes that the report will be provided in the near future.

2. The wage gap. The Committee notes from the information in the Government’s report that the principle of equal remuneration for men and women workers for work of equal value is still not fully applied and that the wage gap still persists between men and women. It notes the numerous initiatives undertaken to address the issue of unequal pay, particularly the statement that employers will be encouraged to examine and better understand the reasons for the persistent wage gap. It notes the Government’s statement that one major reason for unequal remuneration between men and women is the fact that women workers do not pursue a career in the same manner as men for a variety of reasons, including maternity, the unwillingness of women to be flexible in terms of mobility or to make themselves available to work overtime hours and the tendency of women to opt for part-time work and the stereotype female professions. It notes the Government’s statement that these issues should be taken into account when addressing the problem of unequal remuneration. The Committee also notes the Government’s statement that it is proposing to develop indicators to measure wage inequalities, as well as inequalities in men and women’s access to training and promotion. The Committee asks the Government to provide information with its next report on the manner in which the different approach of women to their careers does not result in an undervaluing of their work in comparison to the work of men. The Committee also asks the Government to continue providing information on the progress made in developing an indicator to measure wage inequalities and on the promotional measures adopted or envisaged to promote women’s access to training and promotion.

3. Article 2 of the Convention. Collective agreements. The Committee notes from the information in the Government’s report that several collective agreements now contain a definition of equal remuneration for work of equal value, but that this trend needs to be further developed at the branch level in order to implement fully the principle of the Convention. It welcomes these inclusions in the agreements and asks the Government to provide information with its next report on the manner in which the social partners address the issue of equal remuneration for men and women workers for work of equal value, particularly in negotiations at the branch level and the methodology that they apply to establish "work of equal value".

4. Public sector. The Committee notes the information provided by the Government concerning the principle of non-discrimination applicable to workers in the public sector. It asks the Government to provide information with its next report on any measures taken or envisaged to undertake objective job appraisals with a view to ascertaining whether the work carried out by men and women workers in different jobs is in effect of equal value, as well as information on the measures taken or envisaged to take into account the differences between men’s and women’s career structures.

5. Statistical information. The Committee asks the Government to provide with its next report statistical information, disaggregated by sex and by job categories, for both the public and private sectors, in order to enable the Committee to assess in full the application of the principle of equal remuneration for men and women workers for work of equal value.

Direct Request (CEACR) - adopted 2002, published 91st ILC session (2003)

The Committee notes with interest the Government’s report and the attached information.

1. The Committee notes the numerous initiatives that the Government is continuing to take to promote occupational equality between men and women and, in this respect, it refers to its comments under Convention No. 111. It would be grateful if the Government would provide detailed information in its next report on the impact of the various different measures adopted to improve the implementation in practice of the principle of equal remuneration for men and women for work of equal value.

2. The Committee notes that section 4 of Act No. 2001-1066 to Combat Discrimination of 16 November 2001 amends several sections of the Labour Code, including section L.136-2, under which employers are obliged to follow up each year the implementation of collective agreements on the principle of equal remuneration for work of equal value and to analyse the causes of inequalities. The Committee asks the Government to provide detailed information with its next report on the findings of these follow-up activities and analyses. In its earlier comments, the Committee asked the Government to draw the attention of the social partners to the fact that the wording "equal wages for equal work" in the collective agreements does not cover the whole scope of the principle of "equal remuneration for work of equal value", which is also set forth in section L.140-2 of the Labour Code. It is therefore bound to reiterate this request and ask the Government to provide information with its next report on the action taken in this respect.

3. The Committee notes the Government’s statement that, in accordance with the National Action Plan for Employment, 2000, the reduction of the wage gap between men and women workers is a priority goal for the Government and that one of the objectives is to develop a methodology for the analysis of the principle of "work of equal value". The Committee also notes that the Higher Council for Occupational Equality is pursuing its activities to promote occupational equality between men and women workers and that a new working group was set up in 2000 to develop an analytical model and to examine the concept of "equal remuneration for work of equal value". The Committee requests the Government to provide a copy of the conclusions of this working group with its next report and provide information on the methodology used comparing work of equal value.

4. The Committee further notes the copy of the study provided by the Government on the differences in professional careers as from the first job, which states that the wage gap between men and women workers is greater for the new generation than for the previous generation. It notes the explanation that this is caused by women workers tending to choose part-time work in order to combine work with their family responsibilities. In view of this finding, the Committee requests the Government to provide information with its next report on the impact of the measures adopted or envisaged to facilitate the reconciliation of work and family responsibilities, as referred to under Convention No. 156, on the remuneration levels of men and women.

5. The Committee notes the Government’s statement that an agreement was reached on 6 February 2002 between the Ministry of Equipment, Housing, National Education and Women’s Rights and the French Federation of Builders to carry out a study on the wage differences between men and women workers in the building sector. The Committee requests the Government to provide information with its next report on the results of this study and also to provide information on other measures taken or envisaged to reduce the wage gap between men and women workers in this sector.

6. While acknowledging the information provided by the Government in its report, the Committee is bound to point out that the report does not contain answers to earlier comments concerning the impact on equality issues of the various measures taken by the Government and the social partners to promote the principle of equal remuneration for men and women workers for work of equal value. The Committee therefore reiterates its request to the Government to provide with its next report a copy of the study undertaken by Mrs. Jacqueline Victor at the request of the Minister of Employment and Solidarity analysing the contribution of the 35-hour week to decreasing inequalities between men and women. The Committee also reiterates its earlier request for the Government to provide with its next report a copy of the guide "equal remuneration for women and men for negotiators" and of the study carried out by the Higher Council for Occupational Equality comparing the value of work and the appraisal of jobs with a view to wage equality between men and women. The Committee is also bound to reiterate its earlier request to the Government to provide information with its next report on the operation in practice of job evaluation and classification systems and their impact in terms of reducing or eliminating the wage gap between men and women workers in both the public and private sectors, and on the improvement of the classification of jobs by the National Institute of Statistics and Economic Studies (INSEE).

Observation (CEACR) - adopted 2002, published 91st ILC session (2003)

1. The Committee notes the numerous initiatives that the Government is continuing to take to promote equality between men and women, including the adoption of new legislation. The Committee notes with interest the amendments to the Labour Code adopted on 16 November 2001 by Act No. 2001-1066 to Combat Discrimination, and in particular section 6, amending section L.140-8 of the Labour Code, respecting the burden of proof in equal remuneration cases. The Committee notes that when a worker presents facts from which it may be presumed that discrimination has occurred, it shall be for the defendant to prove that there has been no breach of the principle of equal remuneration for men and women workers for work of equal value. The Committee also notes that new sections L.122-45 and L.122-45-2 of the Labour Code introduce the possibility for trade unions to submit equal remuneration complaints on behalf of alleged victims.

2. The Committee notes with interest the adoption on 9 May 2001 of Act No. 2001-397 on Occupational Equality between Men and Women, in particular, section 1 amending section L.432-3-1 of the Labour Code respecting the annual report which shall enable a comparison to be carried out of the general working conditions and training of men and women in an enterprise. It further notes that under the terms of Decree No. 2000-832 of 12 September 2000 the annual report shall include the following statistical information disaggregated by sex with respect to equal remuneration: the wage range; the average monthly wage; and the number of women workers in the ten highest wage grades. It also notes that the information contained in the report must include indicators permitting an analysis to be carried out of the situation with regard to equal remuneration for men and women workers for work of equal value and that it must show the progress achieved in redressing the wage gap. The Committee asks the Government to provide information on these reports and, if possible, copies and informationon the impact of these new measures on reducing the remuneration gap between men and women workers.

The Committee is raising other points in a request addressed directly to the Government.

Direct Request (CEACR) - adopted 2000, published 89th ILC session (2001)

The Committee notes the Government’s detailed reports, and the attached documentation.

1.  The Committee notes with interest the numerous initiatives undertaken by the Government to promote occupational equality between men and women in France, and particularly the report by Mrs. B. Majnoni d’Intignano, of the Council of Economic Analysis, on the economic aspects of differences between the sexes, prepared at the Government’s request. It notes the causes of the persistence of wage differences between men and women, which were identified in the report as having their origin, on the one hand, in discrimination on the labour market which makes it difficult for women to gain access to "good" jobs, and, on the other hand, individual choices related to reconciling professional life with family life, where the distribution of domestic tasks remains very unequal. The report reveals the economic potential of increasing the occupational activity rate of women and proposes a series of measures intended to lighten the constraints upon women, as well as reflection at the European level on demography, occupational equality between women and men and the improvement of the quality of life. The Committee also awaits with interest completion of the mission of analysing the contribution of the 35-hour week to decreasing inequalities between men and women, which has been entrusted by the Minister of Employment and Solidarity to Mrs. Jacqueline Victor, and it asks the Government to provide it with a copy of the study with its next report.

2.  The Committee also notes with interest that the Higher Council of Occupational Equality is pursuing its activities to promote occupational equality, with two new working groups set up in 1998 and three groups established in 1999. It hopes that the Government will provide copies of the conclusions of these reports on working time arrangements, the access of women to further training and the impact on their careers, the follow-up to Mrs. Génisson’s report, the place of women in social dialogue and, finally, the combination of social and working time. The Committee also notes with interest that, at the request of the Higher Council of Occupational Equality, a guide has been prepared on "equal remuneration for women and men" for negotiators, as well as a study on "comparing the value of work and the evaluation of employment with a view to wage equality between men and women: feasibility study", and it would be very interested to be provided with copies. At the same time, the Committee repeats its request, which it made in its previous direct request, for information on the practical measures which have been taken or are envisaged to ensure: (a) the development and application of evaluation and job classification systems which reduce or eliminate the wage gap in the public and private sectors; and (b) the improvement of the nomenclature of jobs by the National Institute of Statistics and Economic Studies (INSEE).

3.  The Committee notes the annual assessments of collective bargaining for 1998 and 1999, which show a continued trend in 1999 for the suppression of specific measures for women which have the effect of preventing their access to certain jobs, and the concern of the social partners to improve the reconciliation of work and family life. The Committee notes with interest that the trend observed is to eliminate traditional benefits reserved for mothers, to make such benefits applicable to persons of both sexes or to establish new rights without distinction for fathers and mothers. However, the Committee notes that the expression "equal wages for equal work" used in the collective agreements referred to does not cover the whole scope of the principle set forth in the Convention. It asks the Government to draw the attention of the social partners to the broader concept of "work of equal value", which is also set forth in section L.140-2 of the Labour Code.

4.  The Committee notes with interest the adoption of Act No. 99-585 of 12 July 1999 establishing parliamentary delegations for women’s rights and equality of opportunity between men and women. The Committee notes that these parliamentary delegations are entrusted with monitoring the implications for women’s rights and equality of opportunity for men and women in parliamentary assemblies and it welcomes this measure taken by the Government, which consists of integrating equality of opportunity into all aspects of its economic and social policies. It asks the Government to keep it informed of the future activities of these delegations relevant to the application of the Convention.

5.  Finally, the Committee notes with interest the adoption at its first reading by the National Assembly on 7 March 2000 of the Bill respecting occupational equality between men and women, which establishes the specific obligation to negotiate at the enterprise level on issues of equality between men and women, subject to penal sanctions, as well as the "balanced representation" of men and women in selection bodies in the public service. The Committee asks the Government to keep it informed of the progress made and the final adoption of the Bill.

Direct Request (CEACR) - adopted 1998, published 87th ILC session (1999)

The Committee notes that the Government's report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

1. The Committee notes with interest the information supplied by the Government in its report and the annexes attached to it, in particular regarding the improvement in the average wage gap between the sexes, which diminished from 27 per cent to 22.2 per cent in the period 1992 to 1996. It notes that, for all socio-occupational categories, the lowest remuneration is paid in the clothing, leather and footwear sector, while the highest is paid in the sectors of research and development, advice and assistance, inflammables and motor fuels, naval, aeronautic and railway construction, editing and printing trades, chemicals, finance and insurance. It also notes that the more feminized the socio-occupational category is, the lower is the wage differential between the sexes: thus, at the level of managers or qualified tradespeople where men predominate, men earn, respectively, 24 per cent and 21 per cent more than their female colleagues, whereas at the level of technician the gap is 10.8 per cent and especially at the level of employees -- the most feminized category, it is 6.8 per cent.

2. In this respect, the Committee recalls that the Council for Occupational Equality between Men and Women established a working group on the "comparative situation of men and women with regard to remuneration" which made a number of proposals to improve occupational equality -- in particular with regard to remuneration -- and that the Government had set about implementing certain of them. As regards progress achieved in this area, the Committee observes that, so as to improve the quality of information supplied by enterprises and the public administration, an information package for the public on equality in remuneration and in occupation has now been prepared (please send a further copy of this document, which was stated to be attached to the Government's report, but which was not received). It also notes that preparation is well under way for the "guide for negotiators", as it has been the subject of several seminars in which the social partners, among others, took part; they agreed on the list of issues for negotiation and, in principle, the guide should be finalized by the end of 1997. The Committee notes the Government's statement that the study on comparability of the value of work between two sectors which, a priori, appear to have few common characteristics, is listed for the research programme of 1998. It looks forward to receiving information on the guide and the study.

3. Noting that the working group had been particularly sensitive to transparency and the systematic re-examination of the methods used in occupational classification and evaluation of posts, a key element in the fight against wage discrimination, the Committee hopes that the Government's next report will supply information on the concrete measures taken or envisaged to monitor: (a) development of evaluation and job classification systems which reduce or eliminate the continuing gap between the average wage of men and that of women, both in the private sector and the public service; and (b) the widening of occupational terminology, in particular by the National Institute of Statistics and Economic Studies (INSEE) so that it is more precise when it comes to occupations which are highly feminized.

4. The Committee notes with interest that, on 30 December 1996, the Ministry of Labour addressed to regional and departmental prefects, regional and departmental labour directors and the labour inspection services, Circular No. 96/12 relating to the application of the principle of occupational equality between men and women in collective agreements, which recalls that the law lays down the principle that discriminatory clauses in such agreements are null and void and that the principle of equal opportunity permits the social partners to negotiate catch-up measures in favour of women alone so as to establish genuine equality of opportunity between men and women. It takes note of the annual report on collective bargaining for 1995 which shows that negotiation mainly paid attention to the elimination of discriminatory clauses and the reaffirmation of the general principle of occupational equality between men and women, including the specific area of equal remuneration. Noting however that the collective agreements mentioned contain clauses on the implementation of the principle "equal pay for equal work", the Committee wishes to recall that, under Article 1(b) of the Convention, equal remuneration goes beyond the simple reference to "same" or "similar" work. It therefore requests the Government to indicate the measures taken or envisaged to draw the attention of the social partners to the wider scope of the principle laid down in the Convention.

Direct Request (CEACR) - adopted 1997, published 86th ILC session (1998)

1. The Committee notes with interest the information supplied by the Government in its report and the annexes attached to it, in particular regarding the improvement in the average wage gap between the sexes, which diminished from 27 per cent to 22.2 per cent in the period 1992 to 1996. It notes that, for all socio-occupational categories, the lowest remuneration is paid in the clothing, leather and footwear sector, while the highest is paid in the sectors of research and development, advice and assistance, inflammables and motor fuels, naval, aeronautic and railway construction, editing and printing trades, chemicals, finance and insurance. It also notes that the more feminized the socio-occupational category is, the lower is the wage differential between the sexes: thus, at the level of managers or qualified tradespeople where men predominate, men earn, respectively, 24 per cent and 21 per cent more than their female colleagues, whereas at the level of technician the gap is 10.8 per cent and especially at the level of employees -- the most feminized category, it is 6.8 per cent.

2. In this respect, the Committee recalls that the Council for Occupational Equality between Men and Women established a working group on the "comparative situation of men and women with regard to remuneration" which made a number of proposals to improve occupational equality -- in particular with regard to remuneration -- and that the Government had set about implementing certain of them. As regards progress achieved in this area, the Committee observes that, so as to improve the quality of information supplied by enterprises and the public administration, an information package for the public on equality in remuneration and in occupation has now been prepared (please send a further copy of this document, which was stated to be attached to the Government's report, but which was not received). It also notes that preparation is well under way for the "guide for negotiators", as it has been the subject of several seminars in which the social partners, among others, took part; they agreed on the list of issues for negotiation and, in principle, the guide should be finalized by the end of 1997. The Committee notes the Government's statement that the study on comparability of the value of work between two sectors which, a priori, appear to have few common characteristics, is listed for the research programme of 1998. It looks forward to receiving information on the guide and the study.

3. Noting that the working group had been particularly sensitive to transparency and the systematic re-examination of the methods used in occupational classification and evaluation of posts, a key element in the fight against wage discrimination, the Committee hopes that the Government's next report will supply information on the concrete measures taken or envisaged to monitor: (a) development of evaluation and job classification systems which reduce or eliminate the continuing gap between the average wage of men and that of women, both in the private sector and the public service; and (b) the widening of occupational terminology, in particular by the National Institute of Statistics and Economic Studies (INSEE) so that it is more precise when it comes to occupations which are highly feminized.

4. The Committee notes with interest that, on 30 December 1996, the Ministry of Labour addressed to regional and departmental prefects, regional and departmental labour directors and the labour inspection services, Circular No. 96/12 relating to the application of the principle of occupational equality between men and women in collective agreements, which recalls that the law lays down the principle that discriminatory clauses in such agreements are null and void and that the principle of equal opportunity permits the social partners to negotiate catch-up measures in favour of women alone so as to establish genuine equality of opportunity between men and women. It takes note of the annual report on collective bargaining for 1995 which shows that negotiation mainly paid attention to the elimination of discriminatory clauses and the reaffirmation of the general principle of occupational equality between men and women, including the specific area of equal remuneration. Noting however that the collective agreements mentioned contain clauses on the implementation of the principle "equal pay for equal work", the Committee wishes to recall that, under Article 1(b) of the Convention, equal remuneration goes beyond the simple reference to "same" or "similar" work. It therefore requests the Government to indicate the measures taken or envisaged to draw the attention of the social partners to the wider scope of the principle laid down in the Convention.

Direct Request (CEACR) - adopted 1996, published 85th ILC session (1997)

1. The Committee notes the information supplied by the Government in its report and the attached documentation and, in particular, the final report (and its annexes) of January 1996 on the "comparative situation of men and women with regard to remuneration", prepared by a working group established by the Higher Council for Occupational Equality between Men and Women, one of the functions of which is to carry out studies and make proposals to improve occupational equality. The Committee notes with interest that the final report of the working group contains various proposals intended to reduce inequalities in remuneration between men and women, and particularly: the improvement of the quality of information, both in terms of the information provided by enterprises and public administrations and information intended for the public; the preparation of a guide for negotiators to draw their attention to the importance of equality between men and women; and the preparation of a study on the comparability of the value of work between two branches of activities that have few common characteristics.

2. The Committee notes with interest that the working group is particularly sensitive to the transparency and systematic review of methods of professional classification and the appraisal of functions, which take on central importance in combating wage discrimination, and that the working group attached great importance to this aspect and devoted a large part of its work to it. The Committee requests the Government to provide information in its next report on the measures that have been taken, or are envisaged, to implement the proposals of the working group, and the progress achieved, particularly with regard to the development of systems for the classification and appraisal of jobs that help reduce or eliminate gaps between the wage rates of men and women. In this respect, the Committee notes, according to the statistics provided by the National Institute of Statistics and Economic Studies (INSEE), that in 1992 the average wage of men was 27 per cent higher than that of women in the private and semi-public sectors, and that for specific skill levels the gap in average wages according to sex was smaller, at around 5 to 15 per cent, and that it was 18 per cent among skilled workers and managerial staff with stable contracts. In the public service, the wage differences between men and women were a little narrower in 1992, even though differences in wages persisted at the same grade level, caused in particular by discrimination in the payment of bonuses (family and post-related bonuses). The Committee would be interested in receiving more recent statistics and comments on developments in the situation in this respect.

3. The Committee notes the observations made by the French Democratic Confederation of Labour (CFDT) relating, in particular, to the causes of unequal wages, the improvement of knowledge and the coverage of situations of wage inequalities in all negotiations; improved coverage and recognition of family responsibilities for both men and women, although they are too frequently borne by women alone; and more rapid action to compare the jobs in which women are engaged with those of men. Noting that the CFDT's observations are along the same lines as the proposals contained in the working group's report, to the work of which the CFDT greatly contributed, the Committee refers the Government to its comments concerning the implementation of these proposals.

4. In reply to its previous comments concerning the inclusion in collective agreements of clauses of occupational equality in general, and equal remuneration in particular, the Committee notes that the annual report on collective bargaining for 1994 cites clauses in collective agreements relating to the principle of "equal wages for equal work". This is the case, for example, of the collective agreement covering commerce and audiovisual, electronic and household equipment services of 26 November 1992, of which an extract was attached to the report of the working group, which provides in clause 13(1) that "for an identical job, employment situation and qualifications, employers must not practise any discriminatory measure on grounds of sex or nationality". The Committee refers to paragraphs 20 to 23 and 52 to 70 of its 1986 General Survey on equal remuneration, in which it explains the spirit of the Convention goes beyond a mere reference to "identical or similar" work, and Article 2, paragraph 2(c), of the Convention, which obliges States that have ratified the Convention to ensure the application to all workers of the principle of equal remuneration for men and women workers for work of equal value by means which include collective agreements. The Committee therefore hopes that in future all collective agreements will be brought into conformity with section L.140-2 of the Labour Code and Articles 1(b) and 2 of the Convention. It requests the Government to continue providing information on the annual report on collective bargaining as it relates to equal remuneration and to transmit an extract of the next annual report, since the extract of the annual report for 1994, although referred to as being attached to the report, has not been received by the ILO.

5. With regard to supervising the effect given in practice to the Convention, the Committee notes that in 1994 seven reports and 2,876 observations were made by the labour inspectorate relating to occupational equality in general between men and women, but that there are no statistics on the number of violations reported that are specifically related to equal remuneration. The Committee also notes the four rulings by the Court of Justice of the European Communities respecting equality of treatment between men and women in cases concerning Germany, Denmark and Great Britain. The Committee would be grateful if the Government would continue to supply statistics and other information on the measures taken by the labour inspectorate and any decisions by the courts which relate to the application of the Convention, and particularly the interpretation by the courts of the concept of equal value.

Direct Request (CEACR) - adopted 1995, published 82nd ILC session (1995)

1. With reference to its previous direct request, the Committee notes the information contained in the Government's report to the effect that women's wages have been increased in the context of the implementation of occupational equality plans. It notes with particular interest the measures to correct and adjust wages taken in a number of enterprises which have signed an occupational equality plan. It asks the Government to continue to provide information on progress made in this area, and, if possible, recent statistics of developments in the differentials between men's and women's wages.

2. The Committee notes the extract from the annual report on collective bargaining for 1992. It notes that all agreements signed in 1992 include provisions on occupational equality in general, and that of the 18 new or updated agreements, 13 contain clauses on equal remuneration, which is an improvement compared to previous years except for 1990. It hopes that the Government will continue to report on developments in this respect.

3. It also notes with interest, with regard to Article 4 of the Convention, that certain collective agreements require an annual report on the comparative status of men and women, particularly with regard to wages, and the adoption of adjustment measures where inequalities are recorded. It asks the Government to provide information on the progress made in the preparation of reports by enterprises on the comparative status of men and women and the use of these reports by the social partners in the context of compulsory annual negotiations.

4. With reference to the Government's earlier information on its cooperation with employers' and workers' organizations particularly within the Higher Council for Occupational Equality for Men and Women created by section L.330.2 of the Labour Code, the Committee asks the Government to provide full information on the Council's activities for the promotion of equal remuneration.

Direct Request (CEACR) - adopted 1992, published 79th ILC session (1992)

1. The Committee notes the information supplied in the report of the Government concerning the evolution of the wage differential between men and women.

The Committee notes, in particular, that in 1990, the wages of women were on average 25 per cent lower than those of men in the private sector and about 17 per cent less in the public sector and that, according to the Government, the persistence of the wage gap could be explained largely by the fact that women and men continue to hold different jobs, and that they have different qualifications and responsibilities, mainly because women continue to bear the burden of family responsibilities. The Committee requests the Government to continue to provide statistical data showing any developments in this situation.

2. In its previous direct request, the Committee had noted that, despite the progress since 1983, a significant number of agreements adopted in recent years have not included a clause on equal remuneration, nor a clause on occupational equality more generally. The Committee hopes that the next report will contain information on further developments in this respect.

3. The Committee hopes that the next report will contain information on the activities of the Higher Council for Occupational Equality to promote the application of the principle of equal remuneration for work of equal value.

4. The Committee hopes that the next report will contain information concerning any judicial decisions on questions covered by the Convention.

Direct Request (CEACR) - adopted 1990, published 77th ILC session (1990)

The Committee notes with interest the Government's reports of January and November 1989.

1. The Committee notes the detailed information communicated on the work of the Higher Council for Occupational Equality aimed at promoting equality between men and women. It notes in particular, from the first two analyses of the results obtained under the Occupational Equality Act (No. 83-635 of 13 July 1983) that there has been a reduction in the difference between the salaries of men and women in private and semi-public undertakings (from 38 per cent in 1969 to 24 per cent in 1985). It also notes the reports of the working groups which the Council has established on different subjects, and the recommendations they have made for future action. The Committee hopes that the Government will continue to provide such information in its future reports, and in particular that it will indicate the progress achieved in implementing the principle of equal pay for work of equal value.

2. The Committee notes the information communicated in the report on the inclusion in collective agreements of the principle of occupational equality. It notes that there has been some progress in this respect since 1983; however, a significant number of the agreements adopted in recent years have not included a clause on equal remuneration, nor a clause on occupational equality more generally. The Committee hopes that the Government will continue to provide information in its future reports on further developments in this respect.

3. The Committee notes the conclusions of the working group responsible for determining how best to use the annual reports prepared in undertakings on the comparative situation of men and women. It notes that a significant proportion of these reports do not include all the required information, making it difficult to assess the situation on a global basis. Please indicate in the next report what measures have been taken as a result of these recommendations, any measures taken to make these reports more comprehensive, and whether any improvement in their quality has been noted.

4. The Committee notes the information supplied with the report on the positive measures adopted as a result of negotiations betweens employers and workers for the adoption of plans to promote occupational equality for men and women. Please continue to provide such information with future reports.

5. The Committee notes the information in the report concerning procedures and the burden of proof in disputes involving the principle of equal remuneration. It requests the Government to keep it informed of any decisions which may be taken by courts in this regard.