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

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

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.