The administrative authority decides on any request made by an employer to assess the compliance of an agreement or action plan with the provisions of article L. 2242-8 .
If the administrative authority remains silent at the end of a period set by decree in the Conseil d’Etat, this request is deemed to have been rejected.
The request referred to in the first paragraph is not admissible if the departments responsible for enforcing employment legislation have initiated a check on compliance with the provisions of article L. 2242-8. These services shall inform the employer by any means when this control is initiated.
Where the company is covered by the agreement on professional equality following the negotiations referred to in 2° of article L. 2242-1, the response establishing compliance is binding on the administrative authority for the application of the penalty provided for in article L. 2242-8 for the period between the date of receipt of the response by the employer and the end of the period for renegotiation on the theme of professional equality resulting from the application of article L. 2242-11 or article L. 2242-12 or, failing that, 2° of article L. 2242-13.
When the company is covered by an action plan in application of the provisions of article L. 2242-3, the response establishing compliance is binding on the administrative authority for the application of the penalty provided for in article L. 2242-8 during the period between the date of receipt of the response by the employer and the end of the first year following the submission of the action plan.