Chapter II: Compulsory company negotiations

The agreement on professional equality between women and men concluded at the end of the negotiations referred to in 2° of article L. 2242-1 or, failing that, the action plan provided for in article L. 2242-3 sets the objectives for progress and the actions enabling them to be achieved covering at least three of the areas for action referred to in 2° of article L. 2312-36 for companies with fewer…

The action plan referred to in article L. 2242-3 is filed by the employer under the conditions set out in article D. 2231-4.

The Labour Inspectorate monitoring officer referred to in Article L. 8112-1 shall give formal notice to the employer to remedy the situation within a timeframe set according to the nature of the breach and the situation identified in the company, which may not be less than one month, if he finds that: 1° Either the company is not covered by the agreement on professional equality between women and men concluded…

Within the time limit set out in article R. 2242-3, the employer shall send it, by any means capable of establishing a date of receipt, evidence that it is complying with the obligation(s) set out in the formal notice. These elements are: 1° Either the agreement concluded at the end of the negotiations referred to in 2° of article L. 2242-1 or, failing that, the action plan provided for in…

At the end of the period provided for in Article R. 2242-3, the Regional Director for Business, Competition, Consumer Affairs, Labour and Employment decides whether to apply the penalty referred to in the first paragraph of Article L. 2242-8 and sets the rate.

In setting the rate of the penalty, account is taken of the reasons for the employer’s failure to comply, the measures taken by the company with regard to gender equality in the workplace and the employer’s good faith. Under the heading of reasons for failure, all reasons beyond the control of the employer likely to justify non-compliance with the obligations mentioned in the first two paragraphs of Article L. 2242-8,…

The income from employment that forms the basis for calculating the penalty referred to in article L. 2242-8 is that for the whole month following the end of the formal notice referred to in article R. 2242-3. The penalty is due for each full month from the end of the formal notice referred to in article R. 2242-3 and until receipt by the Labour Inspectorate, as the case may be,…

The Regional Director for Business, Competition, Consumption, Labour and Employment will send the employer who has not fulfilled the obligations in terms of equal pay for men and women as defined in the first two paragraphs of Article L. 2242-8, by any means capable of establishing a date of receipt, a reasoned notification of the rate of penalty applied to it, within two months of the date of expiry of…

The employer’s request referred to in the first paragraph of article L. 2242-9 is sent by any means that provides proof of receipt by the regional director of companies, competition, consumption, labour and employment. The request must include : 1° The company name of the establishment and its postal and e-mail addresses, if any; 2° Its SIRET number; 3° References to the legislative or regulatory provisions against which the application…