Chapter IIa: Measures aimed at eliminating pay differentials between women and men in the company and ensuring a balanced distribution of each sex among senior executives and members of management bodies

When the Labour Inspectorate monitoring officer finds that the level of results referred to in Article D. 1142-3 has been below seventy-five points for three years, he or she will send a report on this situation to the Regional Director of Companies, Competition, Consumer Affairs, Labour and Employment.

When the Regional Director of Companies, Competition, Consumption, Labour and Employment considers imposing the penalty referred to in Article L. 1142-10, he shall inform the employer, by any means which confirms receipt by the addressee, within a maximum period of two months from the date of transmission of the report referred to in Article D. 1142-9. It invites the employer to submit its observations and to justify, where applicable, the…

The Regional Director of Companies, Competition, Consumption, Labour and Employment will take into account the measures taken by the company with regard to equal pay for men and women, the employer’s good faith, as well as the reasons for its failure to comply, either to grant the employer the additional period of up to one year provided for in article L. 1142-10, to achieve the level of results referred to…

When the Regional Director of Companies, Competition, Consumption, Labour and Employment decides to grant the employer an extension, he shall notify the employer of his decision, by any means that confirms receipt by the recipient, within two months of expiry of the period provided for in the second paragraph of Article D. 1142-10.

The penalty referred to in article L. 1142-10 is calculated on the basis of business income, as taken into account to determine the basis of assessment for contributions defined in article L. 242-1 of the Social Security Code and that defined in article L. 741-10 of the Rural and Maritime Fishing Code, due during the calendar year preceding the expiry of the three-year period given to the company to comply.

The Regional Director of Companies, Competition, Consumption, Labour and Employment will send the employer, by any means that confirms receipt by the addressee, a reasoned notification of the rate of penalty applied to the employer, within two months of the expiry of the period provided for in the second paragraph of article D. 1142-10. It shall ask the beneficiary to provide the income used to calculate the penalty in accordance…

The data used to assess any gaps in representation between women and men referred to in Article L. 1142-11 are as follows: 1° The percentage of women among all senior managers within the meaning of Article L. 3111-2 ; 2° The percentage of men among all senior managers within the meaning of Article L. 3111-2; 3° The percentage of women among all members of the management bodies defined in Article…

Any gaps in representation between women and men as referred to in Article L. 1142-11 are published annually, no later than 1st March of the current year, in respect of the previous year, in a visible and legible manner on the company’s website where one exists. They may be consulted on the company’s website at least until the publication, the following year, of any differences in representation for the current…

Any differences in representation referred to in Article D. 1142-16 are published and updated on the website of the Ministry of Labour, each year by 31 December at the latest, by the departments of the Minister of Labour.

Any differences in the representation of men and women mentioned in article D. 1142-16, as well as the way in which they are published, are sent to the services of the Minister for Employment using a remote declaration procedure defined by order of the Minister for Employment. This information is also made available to the Social and Economic Committee under the conditions set out in the second paragraph of article…