Direct Request (CEACR) - adopted 2007, published 97th ILC session (2008)

Equal Remuneration Convention, 1951 (No. 100) - France (Ratification: 1953)

1. Wage differentials. The Committee notes from the Government’s report that there is still a sizeable difference between the average monthly wages of women and of men and that there has been little improvement in women’s share in “male” occupations. It also notes that, according to the Government’s report, women account for 80 per cent of persons earning less than the growth-linked guaranteed minimum wage (SMIC). The Committee notes the steps taken by the Government to remedy this situation, and particularly the adoption of the Equal Pay Act of 23 March 2006. The Act provides for a series of measures in collaboration with the social partners to reduce the wage differentials between men and women and to promote equality in occupation. The Committee further notes that the “equality label” has been adapted for enterprises with fewer than 50 workers with the aim of rewarding and encouraging all enterprises undertaking to promote equality in occupation. Furthermore, the employment centres (maisons de l’emploi) have been entrusted with organizing advocacy and information campaigns about occupational equality and reducing wage differentials. The Committee asks the Government to provide information on the activities the employment centres carry out to further understanding of the Convention’s principles and improving its application, and on the conditions for awarding the equality label and the follow-up of the measures taken by enterprises receiving this award. It also asks the Government to provide information on the impact of the Equal Pay Act in reducing wage differentials between men and women and gender segregation in the labour market.

2. Articles 2 and 3 of the Convention. Application of the principle of the Convention by means of sectoral and enterprise agreements. The Committee notes the progress made at sectoral negotiation level in terms of specific measures to achieve equal pay between men and women. It notes in particular that in 2006 an agreement was concluded on occupational equality between men and women in the banking sector. Under the agreement, inequalities in pay between men and women are to be reduced by means of wage upgrading measures and by setting an intermediate objective of a 40 per cent increase in women’s participation in management jobs as a whole. The Committee notes, however, that at enterprise level only 2 per cent of the agreements signed address the subject of equality and that the Government is aware that much remains to be done in this area. The Committee also notes that the agreements concluded in 2005 in the telecommunication and pharmaceutical distribution sectors set out the principle of “equal pay for equal work”. The Committee emphasizes that this principle does not entirely reflect the scope of the principle of “equal pay for work of equal value” enshrined in the Convention and also set forth in section L-140-2 of the Labour Code. The Committee, therefore, draws the Government’s attention to its general observation of 2006.

3. The Committee notes that measures have been taken by the Director-General of Labour, the Monitoring Committee for Sectoral Wage Negotiations and the chairpersons of the joint committee, inter alia, to monitor and assist with collective bargaining on equal remuneration. The Committee further notes that penalties are to be applied against sectors and enterprises that fail to meet their obligation to negotiate. The Government acknowledges, however, that the penalties against enterprises impose few constraints and indicates that the law therefore envisages the possibility of a wage-based financial contribution for enterprises that fail to negotiate, should the first report on the application of the Act to be produced in 2008 so warrant. The Committee asks the Government to see that the authorities involved in the monitoring of collective bargaining ensure that the principle of “equal pay for work of equal value” is applied in full in sectoral agreements and enterprise agreements, and asks the Government to keep it informed in this respect. In particular, it asks the Government to continue to provide information on the following: (a) the manner in which the social partners apply the principle of equal pay for work of equal value in sectoral and enterprise agreements; (b) the number and the outcome of penalties applied against enterprises and sectors for non-fulfilment of their obligations to negotiate on equality in occupation and on the application of more restrictive penalties as envisaged by the Equal Pay Act.

4. Equality of remuneration in the public service. The Committee notes that in the public service, the average wage of women is 13.8 per cent lower than that of men. It also notes that women’s civil service pensions are 19 per cent lower for women than those of men in the three public services and that in certain branches (administrative, medical, social, etc.) and certain occupations in the public service there is some degree of feminization. In these circumstances, the Committee draws the Government’s attention to its general observation of 2006 and reminds it that with an objective evaluation of public service jobs, it would be possible to identify and remedy instances of inequality in the remuneration of men and women when they carry out work of equal value. The Committee notes from the Government’s report that in order to promote equality between men and women, an active policy has been applied in the public sector. The Committee asks the Government to send information on the manner in which this policy incorporates the issue of equal remuneration for work of equal value and on the impact of this policy on reducing wage differentials. The Committee again asks the Government for information on the measures taken or envisaged to carry out an objective evaluation of jobs in the public sector.

5. Objective evaluation of jobs in the private sector. The Committee recalls that in its previous report, the Government stated that it was planning to develop indicators to measure wage inequalities and inequalities between men and women in access to training and promotion. The Committee notes that with a view to identifying and remedying inequalities in pay between men and women, Circular SDFE/DGT/DGEFP to implement the Act of 23 March 2006 proposes to the social partners by way of indication, examples of indicators of wage differentials: the average wage differential by gender, and women’s share in each type of job. The Committee notes that among the measures that may be implemented to eliminate any differentials, the circular proposes remedying the under-evaluation that often characterizes jobs that are typically female and remunerating them at their proper value. The Committee asks the Government to send information on the measures taken to promote the application of these indicators by the social partners and to facilitate objective job evaluation methods.

6. Part-time employment. The Committee notes from the Government’s report that women account for 82 per cent of part-time workers. It notes that in the state civil service, 78 per cent of part-time jobs were occupied by women. It notes the Government’s information that the incidence of part-time employment may be reflected in hourly wage rates and hence in the wage differential between men and women. The Committee also notes that in the public service, certain criteria for career advancement in the various bodies of the civil service penalize women who have taken leave or worked in part-time employment. The Committee notes that the Equal Pay Act requires enterprises to negotiate the working and employment conditions of part-time workers. The Committee asks the Government to send information on the measures taken in the context of the collective negotiation provided for in the Equal Pay Act to ensure that the principle of equal pay for work of equal value is applied to men and women part-time workers and to ensure that the exercise of a part-time activity does not become an obstacle to access better paid jobs in the public and private sectors.

7. Part V of the report form. The Committee asks the Government to continue to send statistical information disaggregated by sex and job category in the public and private sectors. It also asks the Government to send information on any administrative or judicial decisions concerning equal remuneration for men and women.