Demande directe (CEACR) - adoptée 2012, publiée 102ème session CIT (2013)

Convention (n° 100) sur l'égalité de rémunération, 1951 - France (Ratification: 1953)

Autre commentaire sur C100

Observation

Demande directe

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Remuneration gap. The Committee notes that, according to the Key statistics on equality between men and women (2011), in 2009 the average annual net wages of women working full-time were 20.1 per cent lower than those of men in the private of semi-public sector (19.2 per cent in 2008); 14.55 per cent lower in the State civil service (14.6 per cent in 2008); 9.3 per cent lower in the territorial civil service (11.55 per cent in 2008); and 21.2 per cent lower in the hospital civil service (22.3 per cent in 2008). The analysis published in March 2012 by the Research, Study and Statistics Directorate (DARES) shows that the less favourable position of women in terms of wages is due to the fact that there are fewer women in managerial positions, that women are often employed in less skilled jobs and that generally they have less seniority; and, that where characteristics are similar, women’s average hourly wage is 9 per cent lower than men’s (a gap not explained by the characteristics pertaining to the workers, the enterprises or the jobs concerned). Furthermore, according to this study, the average amount of women’s bonuses is 25 per cent less than men’s (the ratio of total bonuses to total paid hours).

The Committee notes that according to the Government, by 31 December 2010, the deadline fixed by the Equal Pay Act, No. 2006-340 of 23 March 2006, the objective of eliminating the wage differential had not been achieved. It notes that section 99 of Act No. 2010-1330 of 9 November 2010 provides for a financial penalty to be applied from 1 January 2012, to enterprises with 50 or more employees which are not covered by a collective agreement or, failing that, an action plan on equality in employment. Decree No. 2011-822 of 7 July 2011 on the implementation of employers’ obligations regarding equality in employment between men and women sets out the ways and means of implementation and establishes grounds on which an enterprise may be exempted from this obligation (economic difficulties, restructuring, etc.). The Committee notes further that the framework for the application of sanctions is currently under review, in collaboration with the social partners, and that the Higher Council on Equality in Employment will be asked for an opinion on the matter. The Committee asks the Government to continue to provide information on the gender pay gap in the various sectors of the economy and on the analysis and the causes of the pay gap. It also asks the Government to provide information on any changes in the framework for the application of sanctions to enterprises that are in breach of the provisions on wage equality, including information on the Higher Council’s opinion and the follow-up measures adopted.

Enforcement of the principle of the Convention through sectoral and enterprise agreements. The Committee notes the Government’s indication that the General Labour Directorate supports and raises awareness among negotiators at sectoral and enterprise level. Referring to its comments on the application of the Discrimination (Employment and Occupation) Convention, 1958 (No. 111), the Committee notes that the Government also indicated that collective bargaining at sectoral level on equality in employment and wage equality remains quantitatively inadequate notwithstanding some improvement in the content of the agreements, whereas the number of enterprise agreements addressing equality rose significantly between 2010 and 2011. The Committee welcomes the fact that, thanks to an analysis of sectoral agreements addressing the issue of equality in employment carried out in 2011 by the Ministry of Labour, Employment and Health, a number of good practices have been identified for reducing the gender pay gap which focus in particular on recruitment policies and internal mobility, vocational training, the implementation of a targeted wage policy, work organization and the balancing of work and family life (see Bilans & rapports, La negotiation collective en 2011, May 2012). The Committee notes that these good practices have been published on the Ministry’s website to assist enterprises in implementing arrangements for equality in employment. The Committee asks the Government to continue to provide information on the contents of sectoral and enterprise agreements relating to wage equality between men and women and on the specific measures taken in this respect to reduce the gender pay gap. Furthermore, it encourages the Government to continue its efforts to disseminate the good practices identified at sectoral and enterprise levels with a view to reducing and eliminating pay gaps, and to pursue its action to raise awareness among the social partners about the principle of the Convention and, in particular, the concept of “work of equal value”.

Equal remuneration in the public service. In its previous comments, the Committee noted the adoption of the framework mechanism for the function and performance bonus (PFR) aimed at revising the policy on allowances in the public service, the implementation of which involves the drawing up of a typology of jobs in each ministry. It also notes the publication, in January 2011, of a report on gender equality in the public service containing proposals for equality, related in particular to the improvement of women’s career development; strengthening statistical information so as to better identify the obstacles to women’s career development; fixing clear and mandatory objectives regarding the proportion of women in management posts; measures related to human resources management (career breaks); encouragement for balancing work and family life; establishment of a national plan on training and communication regarding equality in employment; sharing of these objectives with the trade unions, with the aim of reaching a national agreement in the public service. Referring in this connection to its observation on the application of Convention No. 111, the Committee notes that Act No. 2012-347 of 12 March 2012 on access to permanent employment and improvement of the working conditions of contractual agents in the public service and on combating discrimination, which contains a number of provisions on the public service, sets out progressive and quantified objectives for appointing women to senior management posts. The Committee asks the Government to continue to take measures to combat the underlying causes of pay differentials in the public service, particularly occupational segregation, both vertical and horizontal, and to provide information on the specific follow up measures, based on the report on equality in employment in the public service, to eliminate inequalities in remuneration, and to report on the impact of such measures. The Committee also asks the Government to take the necessary measures to ensure that the principle of equal remuneration for men and women for work of equal value if fully taken into account in the job evaluation process carried out during the implementation of the PFR and to provide information in this regard.

Objective job evaluation. The Committee recalls that the interoccupational agreement of 1 March 2004 regarding gender diversity and equality in employment provides that specific time-bound measures may also be carried out to reduce wage differentials in phases and that, at the sectoral level, this objective is achieved by means of an analysis, during the five-yearly review of classification, of the evaluation criteria used in defining the different posts with a view to identifying and correcting those which may lead to discrimination between men and women and to take into account all skills used (section 13). According to information available to the Committee, such a review of classifications and of evaluation criteria has not been carried out. The Committee also notes the Government’s indication that the work of the working group to “evaluate jobs in order to reduce inequalities between women and men” established by the High Authority Against Discrimination and for Equality (HALDE) has not yet been published. The Committee asks the Government to provide information on the implementation of the 2004 interoccupational agreement as it concerns the review of occupational classifications and the analysis of job evaluation criteria. The Committee once again asks the Government to provide information on the impact of the comparative situation reports which enterprises are required to draw up, and on the implementation of objective job evaluation at enterprise level indicating if and to what extent theses analyses of the status of equal pay for men and women have allowed for a re-evaluation of tasks performed predominantly by women and have narrowed the pay gap. The Committee asks the Government to provide information on the work of the working group established by HALDE to evaluate jobs.

Part-time employment. Considering the possible effects of part-time work on the gender pay gap, the Committee asks the Government to provide information on measures taken to reduce “involuntary” part-time work, and to ensure that provisions on part-time work aimed at the reconciliation of work and family responsibilities are applied in practice to both men and women.

Application in practice. Court decisions. The Committee asks the Government to continue to provide information on any court decisions relating to equal remuneration for men and women for work of equal value.

Labour inspection. The Committee understands from the information supplied to the Government that the mechanism for applying sanctions, which came into force in January 2012, has not led to the imposition of any fines, the labour inspectorate having issued approximately 70 observations and ten official warnings to enterprises to enable them to regularize their situation in terms of their obligations regarding equality in employment between men and women. While noting that this mechanism is currently under review, the Committee asks the Government to provide information on the results of the activities to monitor the application of the principle of equal remuneration for men and women for work of equal value by the labour inspectorate and the regional directorates of enterprises of competition, labour and employment, as well as on any exemptions granted to employers in default, including in the overseas departments.