Name and shame (égalité femmes / hommes): the French Ministry of Labor pins 16 companies on the gender equality index and imposes 32 financial penalties - French labour law by CHHUM AVOCATS (Paris, Nantes, Lille)
1) No later than March 1st, 2022: Publication of progress objectives and corrective measures
1.1) Publication of progress objectives if the grade is less than 85 points
The progress objectives are set for each indicator for which the maximum score has not been reached, when the level of result mentioned in Article D. 1142-3 is less than 85 points. The progress objectives are published on the company's website when there is one, on the same page as the result level.
They can be consulted on the company's website until it obtains a level of result at least equal to 85 points. In the absence of a website, they are brought to the attention of employees by any means (art. 1 of the decree of February 25, 2022; C. trav. art. D. 1142-6-1). These provisions are applicable from the results levels and results calculated over the reference period of twelve consecutive months ending no later than December 31st, 2021 and to be published no later than March 1st, 2022.
By way of derogation from the previous paragraph, companies having obtained, in 2022, for the year 2021, a level of result below the threshold of 75 points may set and publish the progress objectives provided for by the decree of March 10th, 2021 , as well as the corrective and remedial measures provided for in the same article, until May 1, 2022.
In addition, as of March 1sst, 2022, the employer subject to the aforementioned obligation publishes, through external communication and within the company, the corrective measures according to the procedures defined by decree (art. 13 of the law no. 2021-1174 of December 24th, 2021; C. trav., art. L. 1142-9 in fine).
1.2) Publication of corrective measures if the index score is less than 75 points
The decree of February 25th, 2022 provides that when companies have a result level of less than 75 points, the corrective measures must be published on the company's website when there is one, on the same page as the score. overall and the results obtained for each indicator of the index once the agreement or unilateral decision has been filed on the platform of the Ministry of Labor ((https://www.legifrance.gouv.fr/jorf/id/ JORFTEXT000045243486).
These measures must also remain available until the company obtains a result level of at least 75 points.
The employer must also bring them to the attention of employees by any means (Trav. Code, art. D1142-6; art. 1 of the decree of February 25th, 2022).
Finally, the corrective measures envisaged or already implemented, the progress objectives for each of the indicators, as well as the procedures for publishing these measures and these objectives, are sent to the services of the Minister responsible for labor and made available to the social and economic committee (CSE) in the economic, social and environmental database (BDESE) (C. trav. art. D. 1142-6-2; art. 1 of the decree of February 25th, 2022).
2) French Ministry of Labor imposes 32 financial penalties and pins 16 companies on the gender equality index
On March 7th, 2022, the Ministry of Labor published the results of the 2022 professional equality index. The Ministry notes that the average score has increased by one point compared to 2021 to stand at 86/100.
It also notes that two of the five indicators are up on 2021:
. The “return from leave”: 11% of the companies concerned obtained a score of 0 and are therefore in breach of the law (406 companies having had 0 on this indicator for 3 or 4 years);
. Parity in the ten best salaries: 27% of companies respect parity or near parity (with a score of 10/10) and 5 out of 10 companies with more than a thousand employees have less than 2 women among these ten highest salaries (4,506 companies having made no progress on this indicator in 3 or 4 years).
However, only 2% of companies obtained the maximum score of 100/100.
In addition, according to the newspaper Les Echos, sixteen companies with less than a thousand employees have been singled out by the Ministry of Labor for their poor marks in the gender equality index .
These are Skema Business School; Paris Saint-Germain Football UES; Photobox SAS; Paris Store; GM Consulting; Demathieu Bard Ile-de-France; WKDA France; CAFPI; Egencia SIU; Edeis; CSP Paris Fashion Group; Automobile Reunion; Cotran Reunion; SARL Auto cables; GVA Bymycar Lyon and the software publishing company SAS.
Finally, the Ministry of Labor indicates that the Labor Inspectorate and it have carried out 3,460 interventions since 2019, 504 formal notices and 32 financial penalties 
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Frédéric CHHUM avocat et ancien membre du conseil de l’ordre des avocats de Paris (mandat 2019-2021)
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