Title IV: Areas and frequency of compulsory negotiation

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…

The application is deemed complete if, within fifteen days of receipt, the Regional Director of Enterprises, Competition, Consumption, Labour and Employment has not informed the employer of the list of missing documents or information. On receipt of these documents or information, the Regional Director of Enterprises, Competition, Consumption, Labour and Employment notifies the applicant that the application is complete. If the missing documents and information are not received within one…

The notifications referred to in article R. 2242-10 shall be made by any means capable of establishing a date of receipt.